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Hbe  l£tbics  of  Judaism 

BV 

M.   LAZARUS,   Ph.D. 

TRANSLATED  FROM  THE  GERMAN 

BY 

HENRIETTA    SZOLD 
IN   FOUR  PARTS 

Part  I 


PHILADELPHIA 

THE  JEWISH  PUBLICATION  SOCIETY  OF  AMERICA 

1900 


Copyright,  1900 

BY 

The  Jewish  Publication  Society  op  America 


tfye  JSorb  Qgfaftttnorc  (pree* 

the   friedenwald  company 
baltimore,  md.,  v.  s.  a. 


Dedicated 
To  the  Memory  of  My  Noble  Friend 

WlLHELM    VON    GUTMANN 


The  Jewish  Publication  Society  of 
America,  having  secured  the  American 
and  English  rights  to  the  Ethik  des  Juden- 
tJuims  by  Professor  M.  Lazarus,  is  now 
enabled  to  render  accessible  to  its  mem- 
bers and  to  other  English-speaking  persons 
the  first  portion  of  this  important  book.  It 
is  hoped  that  succeeding  volumes  will  fol- 
low at  regular  intervals,  and  that  when  com- 
pleted it  will  serve  to  make  clear  the  inner 
life  of  Judaism,  as  the  History  of  Graetz 
portrayed  the  part  which  the  Jews  have 
played  in  the  world. 

Doctor  Lazarus,  now  in  his  76th  year, 
for  a  long  time  Professor  in  the  .University 
of  Berlin,  has  during  half  a  century  been 
making  fruitful  researches  in  various  fields 
of  science  and  Jewish  learning.  The  work 
now  presented  in  an  English  dress  is  his 
crowning  service  in  the  cause  of  Judaism. 


PREFACE 

This  book  has  a  history,  but  it  is  a  his- 
tory that  will  engage  the  interest  of  those 
only  who  have  made  the  acquaintance  of 
the  book  itself.  Therefore  I  reserve  it  for 
the  end  of  the  second  and  last  volume. 
There  the  reasons,  purely  internal,  will  ap- 
pear why  almost  fifteen  years  elapsed  be- 
tween conceiving  the  plan  to  produce  an 
"  Ethics  of  Judaism  "  and  its  present  reali- 
zation. There,  too,  honest  account  shall 
be  rendered  of  assistance  sought  and  found 
by  the  author.  Yet  I  cannot  refrain  from 
mentioning  here  a  few  at  least  of  my 
friends  and  pupils  who  were  good  enough 
to  give  me  their  efficient  aid  especially 
while  the  book  was  passing  through  the 
press.  Herewith  I  express  my  deep  grati- 
tude to  Mr.  Meyer  Friedman,  Reader  at  the 


x  PRE FA CE 

Beth  ha-Midrash  in  Vienna;  Professor  M. 
Guggenheim,  Ph.  D.,  of  Zurich;  Mr.  I.  I. 
Kahan  of  Leipsic;  Dr.  Alfred  Leicht,  head- 
master in  Meissen;  Dr.  Tanzer  of  Hohen- 
ems,  Rabbi  of  Tyrol  and  Vorarlberg;  and 
Dr.  Unger,  Rabbi  in  Iglau. 

Of  the  task  and  the  method  of  the  work, 
the  first  chapter  gives  a  minute  description. 
One  fact,  however,  I  should  like  to  empha- 
size here.  The  reader  may  expect  me,  an 
ethno-psychologist,  to  institute  compari- 
sons with  other  modes  of  thought  related 
racially  and  philosophically — a  method  that 
leads  to  apologetics  as  its  result,  and  re- 
quires polemics  as  its  aid. 

All  such  temptations  I  put  behind  me 
with  open  eyes. 

Even  analogies  with  the  ethical  doctrine 
of  other  ancient  peoples  are  adverted  to 
only  incidentally  and  cursorily. 

Naught  of  apologetics ! — A  purely  ob- 
jective statement  was  aimed  at,  and  it  must 


PREFA  CE  xi 

speak  and  act  for  itself.  An  exception  was 
made  only  in  the  case  of  E.  von  Hartmann. 
His  charge  against  every  system  of  ethics 
based  on  theism  is  refuted  from  the  point 
of  view  of  Judaism. 

As  for  polemics,  nothing  could  have  jus- 
tified its  introduction;  "if  thou  wilt  make 
an  altar,  thou  shalt  not  wave  thy  sword  over 
it;  for  if  thou  wavest  thy  sword  over  it,  thou 
hast  polluted  it  "  (Exod.  20:25). 

Lazarus 

Meran,  Tyrol,  September  fj,  /8g8. 


PART  I 
Foundation  of  Jewish  Ethics 


CONTENTS  OF  PART  I 

FOUNDATION    OF  JEWISH  ETHICS 

PAGE 

Chapter  I. — On  the  Sources  of  Jewish  Ethics  i 
Chapter  II. — The  Principle  of  Jewish  Ethics  .  107 
Chapter  III. — The  Character  of  Jewish  Ethics  .  189 
Appendix      247 


CHAPTER  I 
On  the  Sources  of  Jewish  Ethics 
§i.  The  Bible  is  the  text-book  of  Jewish  The  literature  of 

Jewish  Ethics. 

Ethics.  Next  rank  the  Rabbinical  writ- 
ings, that  is,  the  Talmud,  the  Talmudic 
Midrashim,  and  the  later  Midrashim,  and 
they,  in  turn,  are  followed  by  religious  and 
philosophic  works,  which  elaborate  and 
continue  the  ethical  thought  of  earlier 
times. 

§2.  The  Bible  in  all  its  parts  bears  an  Biblical 

teaching  by 

ethical   impress :    the   legal   books   contain  ™eans  of  y**0'- 

r  O  ical  narratives, 

explicit  and  definite  laws  for  the  regulation  discussk.nb,mcal 
of  man's  conduct;  the  historical  books 
present  examples,  attractive  or  repellent, 
as  the  case  may  be,. of  deeds  good  and  just, 
generous  and  stimulating,  or  unjust  and 
iniquitous;  the  Prophets  are  full  of  precepts 
and  exhortations  looking  to  the  elevation 
and   strengthening  of   character;   and   the 


THE  ETHICS  OE  JUDAISM 


poetic,  philosophic,  and  proverbial  writings 
inculcate  and  extol  virtue,  adduce  noble 
views  and  noble  conduct  as  exemplars,  and 
make  their  opposites  appear  despicable.  In 
the  same  way  the  Rabbinical  writings  pre- 
sent direct  teachings,  examples,  impressive 
admonitions,  and  instructive  reflections. 
They  expound,  and  so  enrich  and  invest 
with  deeper  meaning,  the  moral  import  of 
Biblical  deeds  and  words,  thoughts  and  mo- 
tives. 
Manifold       §3-   Biblical  thoughts  become  more  and 

application  of  .  .... 

Biblical  more  applicable  as  life  vanes  its  mamfesta- 

thoughts  to  life;  rr 

thTs  aUguid0e!  tions,  as  the  relations  of  men  become  closer, 
and  the  forms  and  aims  of  society  are  differ- 
entiated. The.  words  of  the  Bible  are  in- 
terpreted by  and  for  the  fulness  of  life. 
Thus,  on  the  one  side,  the  Biblical  word, 
considered  broadly  as  the  word  of  God,  is 
entrenched  in  its  dignity,  and  extended 
in  influence;  and  on  the  other  side,  life  se- 
cures a  guide,  a  shaping  force,  an  impulse. 
§4.   Human  activity,  with  its  motives,  ef- 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      3 


forts,   and  aims,   has  its  origin  in  the  in-  origin  of  human 

activity  in  the 

stincts,  the  material  needs,  and  the  intellec-  establishes Ethics 
tual  demands,  which  fill  and  animate  the  OTderTanTpeace 

among  them. 

soul  of  man.  The  purpose  of  ethics  is  to 
assign  definite  boundaries  to  all  instincts 
clamoring  for  satisfaction,  to  establish  order 
among  contradictory  demands,  and  har- 
monize the  opposing  claims  that  arise  in 
social  intercourse. 

§5.  But  .  ethics   has    a   more    important  An  ideal,  moral 

world  results 

function  than  securing  moderation,  order,  awakening  of 

«  ,  1  e  T ,    new  and  nobler 

and  peace  among  the  instincts  of  man.  It  desires. 
must  produce  new  desires,  higher  and 
nobler  than  his  original  impulses;  must 
create  new  needs  in  his  soul,  and  provide 
for  their  satisfaction;  must  teach  individuals 
and  society  motives,  forms  of  activity, 
above  all,  methods  of  co-operation,  and 
valid  aims  removed  far  beyond  the  gratifica- 
tion of  elementary  cravings.  Upon  the 
natural  world  as  a  foundation  should  be 
reared  a  second  structure,  a  spiritual  and 
ideal  structure — the  moral  world. 


THE  ETHICS  OF  JUDAISM 


its  foundation      §6.  The  foundations  of  the  moral  world  as 

in  the  Bible  and 

«?nt>niI»ti.01? in  conceived  by  the  Jewish  mind  are  laid  in  the 

the  Rabbinical  J  •> 

Winte^retauron  Bible.     The   Rabbinical  writings  continue 

of  the  Bible,  by 

the  method  of  the  upbuilding  of  the  structure  according 
two  rules.  tQ  a  pectlijar  method,  gradually  crystalliz- 
ing into  thirty-two  rules.  By  this  method 
a  free,  an  almost  unlimited  application  of 
Biblical  expressions  is  made,  in  order  to 
deduce  from  them,  or  read  into  them,  ori- 
ginal and  progressive  moral  ideas.1 

This  method      §7.  Through   this   persistent   and   unre- 

secures  homo- 

untrammeled  strained  application   of  the   Bible  word  a 

development.  ,  .    .  .         - 

marvelous  spiritual  phenomenon  is  pro- 
duced.2 By  the  interweaving  of  older 
thoughts  with  the  intellectual  work  of  the 
individual,  amazing  unity  is  brought  about 

1  See  Appendix   No.  I,  p.  247. 

2  This  noteworthy  circumstance  has,  to  my  knowl- 
edge, not  received  due  attention  and  historical  ap- 
preciation, despite  the  fact  that  the  creative  activity 
of  other  nations  offers  no  parallel.  (Suggestions  of 
the  same  method  in  the  Alexandrian  school,  and 
later  among  the  Arabs,  are  probably  of  Jewish 
origin.)  The  importance  of  the  phenomenon  ap- 
pears only  when  we  turn  from  the  intellectual  work 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      5 

in  the  expressions  of  the  national  spirit — 
a  uniform,  progressive  development  of  tra- 
ditional ideas,  an  interpenetration  of  moral 
doctrines,  ethical  convictions,  and  tenden- 
cies of  conduct.  The  paradoxical  asser- 
tion may  be  ventured,  that  the  moral  ele- 
ment in  the  national  spirit  is  preserved  as 
a  homogeneous  unit,  yet  with  unrestricted 
liberty  of  development. 

The  differences  between  epoch  and 
epoch,  the  peculiarity  of  historical  condi- 
tions, the  individuality  of  thinkers,  vanish 
in  the  face  of  the  prolific  yet  uniform  devel- 
opment of  the  triumphant  national  spirit — 
a  development  that  depends  upon  the  evo- 
lution of  fundamental  thoughts,  and  draws 

of  the  individual,  its  literary  worth,  and  its  place  in 
the  history  of  literature,  to  take  note  of  the  national 
spirit  and  its  evolution.  To  consider  a  psychic  pro- 
duct— for  example,  the  development  of  a  thought — 
as  an  isolated  achievement,  or  in  its  relation  to  the 
history  of  literature,  is  very  different  from  consider- 
ing it  as  a  contribution  to  the  life  and  progress  of 
what  essentially  constitutes  a  school,  religion,  state, 
or  race. 


6  THE  ETHICS  OF  JUDAISM 

its   strength   from   the   primary   source   of 
ideas. 
The  work  of  the       §8.  All  work,  it  is  true,  is  done  by  indi- 

individual  a  . 

manifestation  of  viduals.     We    have    nothing    beyond    the 

the  national  °  * 

sp,rltpier"e1ve1r  dicta  of  definite  (known  or  unknown)  per- 
monides'  truly  sons.     Intellectual    products    are    brought 

Jewish  l  ° 

personality,  {qj-^  at  certain  times  and  under  given  con- 
ditions. Yet,  throughout  the  domain  of 
Jewish  wisdom  and  intellect,  the  temporary, 
the  accidental,  the  individual,  has  but  small 
share  '  in  the  power  and  dignity  of  the  preg- 
nant development  that  obeys  the  deepest 
impulses  of  the  national  soul,  and  issues 
from  its  primordial  manifestations.  Indi- 
vidual contributions  are  products  of  the 
national  spirit,  to  which  the  author  merely 
gives  tangible  shape.  Again,  whatever  is 
alive  in  the  community  finds  expression  in 
the  words  or  works  of  individuals. 

For,  however  thinkers  and  teachers  may 

1  In  this  respect  essentially  different  from  the 
method  and  the  form  of  intellectual  development 
characteristic  of  other  nations. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      7 

differ  in  character  and  mode  of  living,  the 
air  they  breathe  is  the  same,  their  life-blood 
flows  from  a  common  source,  one  heart- 
beat throbs  in  their  pulses.  None  denies, 
or  assails,  or  essentially  modifies  the  funda- 
mental thoughts,  the  opinions,  the  princi- 
ples which  close  investigation  discovers  in 
Bible  and  Talmud.  Maimonides,  for  ex- 
ample, developed  into  the  original  thinker 
he  was  by  virtue  of  a  union  of  Arabic  and 
Greek  with  Hebraic  culture.  Yet  only  his 
less  high-minded  and  less  cultivated  ene- 
mies could  fail  to  discern  that,  striking  as 
his  personality  was,  it  was  a  thoroughly 
Jewish  personality. 

In  the  life  of  a  plant  or  other  organism, 
it  is  immaterial  whether  a  given  mass  of 
molecules  or  another  similar  mass  under- 
going metabolic  changes  effects  its  preser- 
vation and  reproduction;  that  is,  promotes 
its  permanence  under  the  law  of  evolution. 
So  the  individual  and  his  prominence  in  his 
generation  disappear  before  the  impelling 


8  THE  ETHICS  OF  JUDAISM 

force  of  national  ideas  and  before  the  laws 
determining  their  development.' 
This  continuity      §o.  To   this   continuous  activity   of   the 

makes  possible 

jeWaisSh  EthLsf  Jewish  mind  in  the  domain  of  ethics  is  due 
ofesystemain  the  possibility  of  formulating"  a  complete 

the  sources. 

system  of  moral  doctrines,  although  in  the 
sources,  the  Bible  and  the  Talmud,  they  ap- 
pear only  in  isolated  sayings  and  expres- 
sions, never  in  a  systematic  form, 
objective  con-      §io.  Accordingly,    a    statement    of    the 

tinuity,  subjective 

presentation,  ethics  of  Judaism  is  'equivalent  to  demon- 
strating the  inner  connection  of  all  scat- 
tered moral  sayings.  In  other  words,  the 
essential  task  is  to  show  that  a  system  is 
present  in  the  manifold  ethical  activities  of 
Judaism.  The  systematizer  is  to  transform 
the  great  mass  of  scattered  ethical  expres- 
sions into  a  homogeneous  unit.     His  sub- 

1  It  must  be  remembered  that,  though  the  progress 
of  thought  tends  towards  ideal  perfection,  and  at 
times  more  or  less  closely  approximates  it,  yet  it 
can  never  reach  ideal  perfection,  because  it  is  ham- 
pered, like  all  that  is  human,  by  the  necessary  ad- 
mixture of  individual  elements  and  their  natural 
limitations. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     9 

jective  action  must,  however,  be  performed 
upon  an  objective  basis — the  basis  afforded 
by  the  inherent  continuity  of  all  ethical 
requirements,  manifestations,  and  ordi- 
nances. He  must  put  himself  entirely  at 
the  service  of  the  homogeneous  subject- 
matter,  must  identify  himself  with  it.  And 
the  more  searching  the  investigation  of  the 
ethical  subject-matter  as  revealed  in  single 
concepts,  the  surer  the  attainment  of  a 
systematic,  unified  result.  The  continuity 
of  the  ethical  cosmos  need  not  be  created. 
Actually  existing,  it  need  only  be  recog- 
nized and  exhibited. 

For  this  reason,  the  traditional  sources 
alone  are  to  be  drawn  upon,  and  the  sub- 
ject-matter so  obtained  is  to  be  put  into 
systematic  form,  according  to  logical  order 
and  sequence.  In  the  earlier  as  well  as  the 
later  stages  of  productive  activity,  this  in- 
herent system — the  inner,  unbroken  con- 
nection of  all  ethical  thoughts,  constituting 
in  the  aggregate  the  moral  theory  of  Juda- 


IO  THE  ETHICS  OF  JUDAISM 

ism — was  tacitly  accepted  as  a  premise.  In 
fact,  it  often  attained  to  naive  expression-  in 
the  view  that  upon  a  certain  commandment 
tinder  discussion  "  all  others  depended " 
(m  rnn^nn). 
Tracing  ethical       §n.  A  favorite  occupation  of  the  Tal- 

thoughts  to  early 

""tiumhi^  niudists  was  to  establish  the  continuity  of 
mudic^writings.  morai  doctrines;  in  other  words,  to  derive 
late  ethical  thoughts  from  earlier  sources 
and  ultimately  from  the  Bible  .itself.  It 
must  be  admitted  that  the  later  meaning  is 
often  read  into  the  older  text  only  by  means 
of  an  artificial  method  of  interpretation.  A 
fine  example  is  offered  by  the  injunction 
to  exercise  extreme  care  not  to  put  nor  per- 
mit others  to  put  a  fellow-man  to  the  blush 
in  public.  There  are  touching  instances 
of  the  self-denial  of  great  men  in  shielding 
even  unknown  offenders  against  disgrace. 
A  beautiful  series  of  typical  anecdotes  and 
Bible  interpretations  dealing  with  this 
subject  is  traced  from  R.  Meir  to  Samuel 
the  Little,  from  him  to  Hillel,  then  through 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      1 1 

Shechaniah   ben  Jechiel   (Ezra   10:2)   and 
Joshua  back  to  Moses  himself.1 

§12.    To    discover    and    formulate    the  Jewish  ethics 

independent  of 

system    of    Jewish    ethics    requires    deep  non-Jewish 

*  •*  *  *     models.     From 

study  of  its  genuine  sources  and  of  them  ?0aFas°seides 
alone.  The  work  of  systemization  doubt- 
less demands  a  mind  disciplined  by  the 
study  of  philosophy  and  its  history,  but  it 
will  not  do  to  draw  the  plan  of  Jewish 
ethics  in  imitation  of  foreign  patterns. 
From  Maimonides  down  to  Fassel,  in  the 
present  century,  attempts  have  not  been 
lacking  to  fuse  the  scattered  doctrines  of 
Jewish  morality  into  a  system  modeled 
after  alien  philosophies  as  to  form,  state- 
ment of  principles,  and  methods  of  deduc- 
tion. Such  a  course  cannot  possibly  lead 
to  true  recognition  of  the  specific  meaning, 
the  peculiar  nature,  of  the  Jewish  theory  of 
the  moral  life.  At  bottom,  Maimonides 
expounds  the  ethics  of  Aristotle,  and  Fassel 
the  ethics  of  W.  T.  Krug,  save  that  single 

1  Sanhedrin  na.     See  Appendix  No.  2,  p.  248. 


12  THE  ETHICS  OF  JUDAISM 

ideas  borrowed  from  the  one  or  the  other 
system  are  proved  Jewish  by  means  of  Bible 
verses  and  Talmud  passages.1 
specific  char-      Si?.  The  Jewish  intellect  and  its  promi- 

acterofthe  °  J  ~ 

thw^heTCnras  nent  exponents  have  again  and  again  been 
Maimonidesy  enriched  by  a  knowledge  of  the  mental  pro- 
ducts of  other  nations.  But  precisely  in  the 
moral  theory  of  life  the  peculiarity  of  the 
Jewish  spirit  asserts  itself  most  clearly,  and 
maintains  its  independence  most  vigorously. 
Maimonides  misunderstood  his  task  in  pin- 
ning his  faith  to  the  scientific  form  and  the 
principles  of  Aristotle,  yet  even  he,  in  spite 
of  foreign  guidance  and  system,  preserved 
the  essence  and  independence  of  the  Jewish 
view  of  life  and  the  world. 

The  ideas  must      §14.  In  a  system  of  Jewish  ethics,  then, 

be  Jewish,  the 

form  may  only  such  ideas  may  be  presented  as  are 

be  new.  *  j  r 

of  undoubted  Jewish  origin;  that  is  to 
say,  they  must  be  drawn  from  living  facts 
(see  §2  and  hereafter),  or  be  expressed  in 
traditional  sayings. 

1  See  Appendix  No.  3,  p.  248. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      1 3 

It  must  be  remembered  that  the  origina- 
tors of  such  sayings  neither  spoke  nor 
thought  as  we  do.  Literal  translation  into 
our  language  often  fails  to  convey  the 
author's  conception.  Not  only  his  words 
must  be  put  into  our  language,  but  his 
mode  of  thought  must  be  transposed  into 
ours.1  Psychic  forms  of  various  kinds — 
a  plastic  image,  a  simile,  an  allegory — may 
hold  equal  contents;  a  concept  may  be  ex- 
pressed in  direct  or  in  figurative  language. 
To  secure  thorough  understanding  of  a  tra- 
ditional idea,  the  spiritual  vesture  best 
suited  to  bring  it  home  to  us  must  be 
selected. 

§15.    The     true     purport     Of     the     SayingS  Therefore,  inves- 
tigation of  the 

must  first  be  elicited  by  impartial  examina-  the^bect^ °f 
tion,  and  then  stated  as  we  conscientiously  ^"of'hJtoricai 

conscience  rather 

believe  the  authors  would  have  stated  them,  than  philological 

skill.    Examples. 

had  they  been  our  contemporaries.  Not 
the  word,  but  its  real  inwardness,  is  the  im- 
portant consideration.     The  shackles  of  a 

1  See  Appendix  No.  4,  p.  254. 


14  THE  ETHICS  OF  JUDAISM 

strange  mode  of  expression  and  thought 
must  be  loosed,  and  the  essence  of  the  idea 
newly  presented  in  an  intelligible  form. 
Sometimes  a  peculiar  and  intentional  brev- 
ity (affected  by  the  Prophets  and  still  more 
by  the  Rabbis);  sometimes  a  fanciful,  not 
to  say  fantastic,  mode  of  expression  con- 
ceals rather  than  reveals  the  idea.  For  us 
it  is  to  bring  about  its  revelation,  which  is 
facilitated  by  uninterrupted  tradition  and 
a  progressive  transformation  in  meaning.1 
The  perfection  with  which  the  task  is  ac- 
complished depends  on  historical  con- 
science rather  than  philological  skill. 
Again  and  again,  especially  in  the  statement 
of  principles,  we  shall  find  ourselves  face  to 
face  with  the  necessity  of  drawing  infer- 
ences. For  the  present  purpose  a  few  illus- 
trations will  suffice.     The  saying,  "  The  ark 

1  As,  analogously,  the  identity  of  a  word  in  a 
daughter  language  or  in  a  later  stage  of  a  language 
is  recognized  in  its  various  forms  and  changes  by 
means  of  Grimm's  law. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      1 5 

of  the  covenant  bears  its  bearers;  it  is  not 
the  priests  that  bear  the  ark,"  '  doubtless 
means  that  the  ethical  life  draws  even  the 
physical  forces  it  needs  from  the  fountain- 
head  of  the  idea;  the  developments  of  the 
idea  are  in  no  wise  produced  by  physical 
needs,  forces,  and  gratifications.  In  other 
words,  the  ethical  cannot  and  may  not  be 
derived  from  nature;  the  idea  must  refine 
nature,  and  use  her  in  its  own  service. 

Again,  the  thought  expressed  by  Kant 
in  these  words:  "If  justice  is  subverted, 
man's  existence  on  earth  is  of  no  value," 
was  anticipated  by  the  Rabbis  in  the  alle- 
gorical form,  that  God  would  make  chaos 
to  reign  again,  if  humanity  did  not  take 
upon  itself  the  responsibility  of  the  Law 
(see  part  n,  §230  scq.). 

The  phrase  in  Ecclesiastes  (1:9),  "  there 
is  no  new  thing  under  the  sun,"  is  com- 
mented upon  by  the  Rabbis  of  the  school 

1  Shemoth   Rabbah.   ch.   36.     See   Appendix   No.   5, 
P-  254. 


1 6  THE  ETHICS  OF  JUDAISM 

of  Jannai  in  this  wise :  "  not  under  the 
sun,  but  above  it."  Without  a  doubt  their 
meaning  was  that  the  material  world,  regu- 
lated by  invariable  laws,  is  unchanging;  but 
the  realm  of  morality,  on  a  plane  over  and 
beyond  that  of  nature,  presents  new  phe- 
nomena. The  natural  world  is  completed 
by  the  originality  of  the  moral  order  of 
existence.  Later  on  (§118),  we  shall  expa- 
tiate upon  the  full  meaning  of  this  thought, 
whose  essence  is  the  absolute  negation  of 
every  purely  naturalistic  basis  of  ethics.  At 
present,  it  is  sufficient  to  discover  the 
thought  underlying  the  figurative  language 
of  the  Rabbis.  That  it  is  the  meaning  in- 
tended is  proved  by  the  recurrence,  in  Rab- 
binical literature,  of  the  view,  in  various 
guises,  that  the  moral  world  is  an  indepen- 
dent complement  of  the  natural  world;  as 
in  the  sentence :  "  He  who  does  a  moral 
deed,  as,  for  instance,  the  judge  who  pro- 
nounces   a    righteous    judgment    thereby 

1  Sabbath  30b. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      1 7 

associates  himself  with  God  in  the  work  of 
creation."  ' 

§16.  But  a  statement  of  the  ethical  sys-  Tradition  a 

source  of  ethics; 

tern  of  Judaism  must  depend  upon  sources  theToree blhTnd* 
outside  of  the  ethical  doctrines  explicitly  nomTna,Psuch  as, 
formulated  and  transmitted  as  such.  D61- 
linger's  just  characterization  of  the  religi- 
ous ideas  of  the  Jews  is  equally  applicable 
to  their  moral  teachings  and  principles. 
"  The  Jewish  people,"  says  Dollinger, 
"  moved  in  a  circle  of  religious  ideas  part 
of  which  only  were  expressed  in  its  sacred 
literature."  J  After  referring  to  the  exist- 
ence of  a  body  of  oral  traditions,  he  con- 
tinues :  "  Far  from  being  a  lifeless  deposit 
in  the  hands  of  a  people  living  in  spiritual 
stagnation,  they  were  instinct  with  the 
power  and  the  impulse  to  develop  organi- 

1  Mekhilta  Yitkro,  ch.  2,  in  connection  with  the 
classical  passage  in  the  Introduction  to  Jacob  ben 
Asher's  Code,  Tur  Choshen  Mishpat,  ch.  1,  §1.  See 
Appendix  No.  6,  p.  255. 

2  Dollinger,  Heidenthum  und  Judenthum,  Vorhalle 
cur  Geschichte  des  Christenthums,  p.  819  seq. 


1 8  THE  ETHICS  OF  JUDAISM 

cally  and  steadily.  Tradition,  on  the  one 
hand,  and  the  religious  condition  of  the 
nation,  its  whole  history,  on  the  other  hand, 
acted  and  re-acted  vigorously  upon  each 
other  .  .  ."  In  later  times,  too,  when  all 
tradition  was  piously  cherished  and  culti- 
vated in  the  academies,  it  was  reduced  to 
writing  only  occasionally  and  by  chance, 
in  the  case  of  learned  discussions  or  homi- 
letic  discourses.  Universal  truths  especi- 
ally were  formulated  only  incidentally,  by 
single  individuals.  Despite  the  fact  that  in 
the  academies  general  principles  ( whbb ) 
were  prized  above  particular  statements, 
those  to  whom  we  owe  the  preservation  of 
the  old  traditions  as  a  rule  preferred  the 
concrete,  the  living,  the  practical,  and  were 
disposed  to  neglect  abstract  deductions. 
Yet  the  moral  element  in  the  whole  mass  of 
traditions  is  distinctly  recognizable.  It  re- 
veals itself  unmistakably  as  the  active  force 
behind  certain  historical  phenomena.  The 
most  important  of  these  phenomena  was ; 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      1 9 

§17.  The  rise  of  a  new  form  of  idealism,  Development  of 

a  new  form  of 

induced  by  strengthening  all  laws  (develop-  rSorcemenT'1 
ment    of   the    Halachah),    spreading   their  new modeof nte 

in  the  Jewish 

knowledge,  and  enforcing  their  execution.  £heTiTofythefter 

When  the  Jewish  state  and  the  political  Revjochanan 
independence   of   the    Jewish    people    had  emphasizes  three 

ethical  springs 

been  overthrown,  and  the  ruin  of  the  Tern-  eietaVion^fthe' 
pie  had  put  an  end  to  the  unity  of  the  cult, 
which  had  been  the  most  peculiar  mani- 
festation of  the  national  spirit,  a  new  life 
was  awakened,  a  new  mode  of  communal 
existence  developed — new  not  alone  for  the 
Jewish  race,  but  also  for  humanity  at  large. 
Such  a  change  had  not  been  known  before, 
none  like^  it  has  since  taken  place.  Three 
aims  were  emphasized  by  the  men  who  as- 
sumed spiritual  leadership  immediately 
after  the  destruction  of  the  state  and  the 
Temple,  especially  by  R.  Jochanan  ben 
Zakkai,  his  associates,  and  his  successor. 
The  first  aim  was,  in  general,  the  elevation 
of  the  spiritual  life.  Study,  research,  knowl- 
edge, wisdom,  were  extolled  beyond  every- 


20  THE  ETHICS  OF  JUDAISM 

thing:  "  If  thou  art  well  versed  in  the  Law, 
do  not  boast  of  it,  for  to  that  end  thou  wast 
created." '  Learning  replaced  all  other 
pursuits  promoting  civilization  that  were 
followed  under  the  protection  of  the  state. 
The  best  minds  were  attracted  to  it.  Rarely 
serving  practical  utility  among  the  Jews, 
it  alone  hallowed  life,  and  satisfied  its  yearn- 
ings. Science  was  cherished  as  a  common 
good,  an  ideal  possession,  the  spiritual 
bond  and  incentive  of  communal  life.2 
by  the  founding       §  18.   From  this  time  on  the  homiletic  dis- 

of  academies  and 

the  development  course    (the   remains   of   which   were   pre- 

of  the  homiletic  l 

discourse.  served  in  the  Talmudic  and  in  the  later  Mid- 
rashim),  with  its  exposition  of  laws  and  its 
hortatory  appeal  to  the  hearts  of  the  people, 
grew  more  and  more  frequent,  spreading 

1  Aboth  2:  9. 

2  Among  the  Greeks,  especially  in  the  period  of 
political  decline,  the  cultivation  of  learning  was  left 
purely  to  individual  devotion  and  taste;  and  in  Rome 
science  never  entered  into  the  program  of  the  state. 
Cicero's  attempt,  in  his  oration  pro  Archia,  to  prove 
it  a  matter  of  public  interest  is  the  best  evidence  that 
it  did  not  exist  as  such. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      2 1 

among  the  masses  the  spiritual  food  pre- 
pared in  the  academies.  It  is  obvious  that 
such  lively  mental  activity,  on  whatever 
subject  it  exercised  itself,  inevitably  tended 
to  increase  the  sum  of  ethical  convictions 
and  bring  about  moral  discipline  in  the 
community. 

§19.  The  second  aim  was  to  lay  stress  secondly,  charity, 

as  an  ideal 

upon  the  importance  of  benevolence  and  element, 
charity,  the  love  men  bear  one  another. 
In  view  of  the  lawlessness  superinduced  by 
the  loss  of  independence  and  by  the  oppres- 
sion exercised  by  the  Roman  rulers,  the 
prosperity  of  communal  life  demanded 
larger  benevolence,  devotion,  forbearance, 
and  love  than  had  been  necessary  in  the 
free  commonwealth.  Charity  was  express- 
ly designated  the  ideal  element  which  was 
to  compensate  for  the  ruined  Temple,  for 
the  unity  of  worship,  as  well  as  for  the  loss 
of  political  power.  Jochanan  ben  Zakkai 
offered  as  a  solace  for  the  discontinuance  of 
sacrifices  following  upon  the  destruction  of 


22  THE  ETHICS  OF  JUDAISM 

the  place  of  sacrifice,  the  realization  of  the 
old  Prophetical  view  proclaimed  by  Hosea 
in  the  words :  "  Love  I  demand,  not  sacri- 
fice "  (Hos.  6:6); 
Thirdly,  the       §20.  The  third  aim  urged  at  this  time  of 

completion  and 

eastabnshment  providing  Judaism  with  a  new  basis  was 
the  completion  and  establishment  of  law  in 
general  and  the  religious  and  ceremonial 
laws  in  particular.  Simple  evolution  had 
to  be  supplemented  by  a  more  conscious 
process.  In  their  furtherance  of  natural 
progress,  schools  and  parties  had  gradually 
been  betrayed  into  wrangling.  Their  dis- 
putes had  to  be  adjusted,  and  all  made  to 
bow  before  a  firmly  established  authority  at 
one  with  itself. 
Ethical  bearing       §2i.  The   significance,    from    an    ethical 

of  the  estab- 
lishment of  law.  point    of  view,    of   a  symmetrical    develop- 
ment and  exact  statement  of  the  law  in  all 
its  ramifications   is  obvious.     Private   and 
social  life  is  so  profoundly  affected  by  the 

1  Comp.  i   Sam.    15:22  and   see  Aboth  de  R.  Na- 
than, 4. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      2  3 

provisions  of  the  law  of  property  and  con- 
tracts, of  marriage  and  inheritance,  the 
penal  law  and  the  law  of  procedure,  with  all 
their  premises  and  consequences,  that  their 
authoritative  definition  is  necessarily  ante- 
cedent to  the  foundation  of  ethical  conduct. 

§22.  The  ethical  importance  of  the  cere-  The  value  of 

ceremonial  laws: 

monial  law  will  be  discussed  later  on.    Here  h  Thev ,are  a 

source  of  moral 

it  is  necessary  only  to  mention  some  of  the  A^eement  with 

.       .  l*w  and  duty. 

elements  that  make  the  legal  prescriptions 
of  a  religion  a  source  of  ethical  instruction 
and  training.  In  the  first  place,  they  inter- 
weave the  whole  of  human  life  with  com- 
mands and  their  fulfilment.  Work  and 
pleasure  alike  are  regulated  by  injunctions. 
Kant  eliminates  every  non-essential  from 
the  ethical  concept  of  the  good  in  the  fol- 
lowing expression :  "  There  is  no  good  in 
the  world  or  outside  of  it  except  a  good 
will."  But  a  good  will  is  a  will  in  agree- 
ment with  duty  and  law.  This  basis  and 
value  of  the  ethical  are  corroborated  and 
realized  by  every  form  of  law-abiding  con- 


24  THE  ETHICS  OF  JUDAISM 

duct.  We  shall  see  (in  part  n,  ch.  v)  that 
the  Rabbis  consciously  deduced  the  ethical 
value  of  obedience  to  law  from  this  its 
formal  significance,  and  made  use  of  it  as  an 
ethical  disciplinary  measure. 
2.  They  express      §23.  The  network  of  ceremonies  inter- 

the  moral  unity 

"mboiicSiy4  lacmg"  n^e  symbolizes  another  formal  aspect 
of  morality,  higher  than  the  last.  Lotze 
justly  insists,  that  "  the  first  formal  condi- 
tion of  all  moral  living  is  the  personality 
of  the  human  agent.  He  is  to  be  a  unit,  not 
a  bundle  of  various,  disjointed  sensibilities 
and  instincts.  For  the  sake  of  unity,  the 
soul  striving  after  the  moral  ideal  may  not 
suffer  its  notions  to  undergo  the  unstable, 
inconsequent  changes  prohibited  by  the 
duty  of  truthfulness." ' 

Rabbinism  collects,  arranges,  and  in  par- 
ticular fortifies  all  traditions,  hedging  the 
life  of  the  individual  and  the  community 
about  with  law-bidden  religious  practices. 
Laws  encompass  the  times  of  the  day,  the 

1  Geschkhte  der  Aesthetik,  p.  97  seq. 


THE  SOUR CES  OF  JE WISH  E THICS      2 5 

seasons  of  the  year,  the  phenomena  of  na- 
ture, the  fortunes  of  men.  Each  and  every- 
thing connected  with  the  work  and  the  joy 
of  human  life  is  consecrated  by  a  benedic- 
tion, a  symbolic  act,  a  custom  obeyed. 
Thus  the  various  activities  of  body  and  mind 
are  reduced  to  a  homogeneous  and  organic 
unit.  The  constant  reference  of  all  mani- 
festations of  life  to  God  and  his  law  is  the 
plainest  symbol  of  an  harmonious  moral 
nature  true  to  itself.  As  such  it  was  re- 
garded and  taught  by  the  Rabbis,  as  well 
as  exemplified  in  their  conduct. 

This  idea,  that  the  unity  of  the  agent 
conditions  all  true  morality,  is  suggestively 
conveyed  in  the  daily  prayer  for  enlighten- 
ment and  elevation.  In  the  words  of  the 
Psalmist  (Ps.  86:11),  the  petition  is  made, 
"  Cause  our  hearts  to  become  one  and 
united."  ' 

1  13*33^  im.  Gesenius  (ed.  10)  says  under  irv.  "  to 
unify,  unite,  keep  together  (one's  thoughts  and  de- 
sires; opp.  sich  serstreuen,  to  divert  the  mind)." 


26  THE  ETHICS  OF  JUDAISM 

3.  Their  execu-      §24.  This  merely  formal  estimate  of  obe- 

tion  involves 

the  performance  dience   to    ceremonial   injunctions   is   con- 

of  acts  of  purely  J 

ideal  bearing.  nected  with  another  effect,  psychologically 
higher  and  more  valuable.  By  religious 
practices  men  are  again  and  again  liberated 
from  the  thraldom  of  material  life  and 
everyday  duties,  emancipated  from  the 
tyranny  of  utilitarianism  and  pleasure-seek- 
ing, and  raised  above  sensual  indulgences, 
ordinary  as  well  as  refined.  Whatever  they 
do  or  plan,  they  are  in  the  atmosphere  of 
acts  that  serve  ideal  interests  exclusively. 

4.  Especially  in       §25.  But  from  an  ethical  point  of  view 

their  character 

as  symbols  of  these  formal  and  abstract  motives  for  the 

ethical  ideas. 

observance  of  ceremonial  laws  are  not  so 
important  as  the  circumstance  that  all 
acts  prescribed  have  a  definite  meaning. 
The  main,  consideration  is  not  the  fulfilment 
of  duty,  nor  even  its  fulfilment  for  the  sake 
of  God,  but  the  meaning  attached  to  every 
practice.  All  religious  customs  have  a 
symbolic  meaning.  They  are  symbols  of 
religious,  more  often  of  ethical  ideas,  and 


THE  SO UR CES  OF  JE  WISH  E THICS      2*] 

the  Rabbis,  from  oldest  times  down  to  the 
present,  have  been  indefatigable  and  un- 
surpassed in  explaining  and  inculcating  the 
ethical  thoughts  hidden  under  symbolic 
guises.     I  adduce  one  example: 

§26.  Symbolic  acts  are  meant  to  arouse  Historical 

reminiscences 

historical  memories,  in  order  to  lead  up  to  """"J"*  bv  , 

r  symbolic  acts. 

the  ethical  teaching  and  exhortation  issu-  Egypt8  ^ 

.  -  rj,1  ,  -  _  notion  of  liberty 

ing  from  them.      1  he  exodus  from  Egypt  and  of  man's 

ethical  vocation. 

was  unique  in  the  history  of  the  Israelites.1 
It  gave  birth  to  the  nation  and  the  state. 
In  the  Roman  period,  when  these  results 
of  the  great  event  were  made  nugatory, 
nationality  and  government  both  having 
been  destroyed,  and  when  vigorous  Rab- 
binism  was  in  the  ascendant,  all  commands, 
festivals,    customs,    and    ethical    teachings 

1  And,  indeed,  in  the  history  of  mankind  at  large. 
Does  history  know  of  another  horde  of  slaves  trans- 
forrned  into  a  highly  cultivated  people?  (Comp. 
Deut.  4:34.  the  religious  aspect  of  the  thought, 
which,  however,  in  the  words,  "  to  take  to  himself 
a  nation  from  the  midst  of  the  nations,"  goes  straight 
to  the  ethno-psychological  root  of  the  matter.)  See 
note  to  §167,  p.  231. 


28  THE  ETHICS  OE  JUDAISM 

were  brought  into  connection  with  the  go- 
ing out  from  Egypt.  Whatever  was  noble, 
edifying,  devotional,  became  commemora- 
tive of  the  Exodus  (Dnvo  rw^h  "Dt). 

Even  in  the  Pentateuch  ethical  teachings 
are  connected  with  Egyptian  reminiscences. 
There  it  is  the  memory  of  the  sojourn  in 
Egypt,  the  condition  of  the  people  as  aliens 
and  an  oppressed  class,  that  is  used  as  the 
vehicle  of  ethical  commands,  especially  to 
dispose  the  people  to  justice  and  gentleness 
towards  the  stranger,  to  mildness  and  mag- 
nanimity towards  the  downtrodden;  "for 
ye  know  well  the  spirit  of  the  stranger  " 
(Exod.  23:9). 

The  Prophets  and  Psalmists,  on  the  other 
hand,  employ  the  great  historical  event  to 
give  reality  chiefly  to  the  religious  idea  of 
God's  providence  and  grace.  The  Rabbis, 
finally,  deduce  from  it  the  two  fundamental 
elements  of  man's  ethical  education :  the 
notion  of  liberty  and  the  notion  of  man's 
ethical  task. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      29 

Political  and  even  civil  freedom  was  lost. 
The  Roman  Pharaohs,  if  they  did  not  exact 
labor,  the  more  despotically  exacted  prop- 
erty and  blood,  and  aimed  at  the  annihila- 
tion of  ideal  possessions — the  Law,  its 
study,  and  its  execution.  Yet  the  notion 
of  liberty,  inner  moral  and  spiritual  liberty, 
cherished  as  a  pure,  exalted  ideal,  possible 
only  under  and  through  the  Law,1  was  asso- 
ciated with  the  memory  of  the  redemption 
from  Egyptian  slavery,  and  this  memory  in 
turn  was  connected  with  symbolic  practices 
accompanying  every  act,  pleasure,  and  cele- 
bration. 

§2J.  How  the  notion  of  liberty  is  con-  connection 

between  the 

nected  with  that  of  man's  ethical  vocation,  tvvo  notions. 

with  his  essentially  moral  nature  and  task, 

the  Rabbinic  mind  has  presented  vividly,  in 

an  exuberant  variety  of  ways.    That  Israel, 

and  with  Israel  all  mankind,  was  redeemed, 

not   at   the    Red    Sea,   but   at    Sinai,    is   a 

thought  reiterated  in  a  number  of  passages; 

'  See  Aboih  6:2. 


30  THE  ETHICS  OF  JUDAISM 

in  the  allegory,  for  instance,  that  God  bade 
Moses  write  the  Law  in  seventy  languages 
in  order  that  all  nations  might  have  a  share 
in  it.  Again,  it  is  said  that  "  the  Law  was 
revealed  publicly,  in  the  unclaimed  desert. 
If  it  had  been  given  in  the  land  of  Israel, 
the  Israelites  might  have  maintained  that 
the  other  nations  had  no  part  in  it.  There- 
fore it  was  published  in  the  open  desert;  it 
is  the  property  of  the  whole  world;  every 
one  is  at  liberty  to  assume  the  responsi- 
bilities it  imposes."  l 
Last  (5)  result      §28.  The  last  but  perhaps  most  import- 

of  authoritatively 

estthe^irituai  ant  outcome  of  a  complete  system  of  laws 

oneness  of  the  11  11  1  ,  1 

community,  based  upon  generally  recognized  authority 

Social  Ethics. 

was  that  it  effected  the  spiritual  union  of  the 
community.  No  corporate  body  existed, 
yet  the  legal  prescriptions  resolved  them- 
selves into  a  system  of  social  ethics.  With- 
out an  external,  tangible  unity,  the  inner, 
spiritual  oneness  of  the  whole  race  was 
more  pronounced  than  ever  before,  more 

1  Mekhilta  Yithro  Parshath  Baclwdesh. 


THE  SOUR CES  OF  JE WISH  E THICS      3 1 

pronounced  perhaps  than  in  the  case  of  any 
other  people.  Moreover,  this  oneness  was 
promoted  with  full  consciousness  of  the  ob- 
ject in  view.  The  (sacrificial)  cult  common 
to  all  was  replaced  by  a  purer,  more  spiritual 
divine  service  and  by  firmer  religious  laws, 
symbols  at  once  of  ethical  obedience  and  • 
the  ethical  communion. 

§29.  The  significance   of  this  historical  Historical  differ- 
ence between 

difference  between  the  Jews  and  other  peo-  0there^onauercd 
pies   cannot   be   overestimated.     Provided  ance°oTindivid- 

.  ualism.    Ideal 

nations  do  not  suffer  complete  dissolution  communion 

through  a 

through  the  absorption  of  their  members  common  ideal- 
by  their  conquerors — the  later  Greeks,  for 
instance,  were  not  Greeks,  the  Romans  not 
Romans,  the  Babylonians  not  Babylonians 
— we  see  everywhere  that  they  are  led  to 
individualism  by  the  decay  of  political  in- 
stitutions. And  when  individualism  has 
supervened,  Stoics  and  Epicureans  proceed 
to  justify  it  theoretically.  Among  the  Jews 
a  peculiar  sociological  element  asserted 
itself,  a  new  sort  of  union,  part  intellectual, 


32  THE  ETHICS  OF  JUDAISM 

part  moral.  It  was  highly  characteristic, 
for 'example,  that  instead  of  compromising 
with  the  invader's  views,  the  Jews,  sealing 
their  conduct  with  the  sacrifice  of  numerous 
martyrs,  clung  tenaciously  to  their  own 
law,  to  their  traditional  principles.  And 
precisely  at  this  time  their  inflexibility  was 
heightened  by  the  development  of  the  legal 
system  with  the  purposes  of  equality  and 
uniformity  in  view.1  The  unity  of  all  reli- 
gious statutes  gave  rise  in  turn  to  the  obli- 
gation of  every  individual  to  guard  the 
honor,  the  dignity,  the  safety  of  the  whole 
people.  Despite  wide  dispersion,  no  mat- 
ter who  and  what  the  individual,  wherever 

1  Astute  politician  that  he  was,  the  Roman  recog- 
nized that  the  Jewish  Law  guaranteed  the  continu- 
ance of  the  Jewish  race,  together  with  a  certain 
power  of  resistance.  He  therefore  directed  his  per- 
secutions mainly  against  the  study  and  execution  of 
the  Law.  He  hated  the  Law;  he  hated  the  Jewish 
spirit  more  than  the  Jew.  Hate  makes  blind.  The 
Roman  could  not  appreciate  the  excellence  of  the 
Jewish  spirit.  It  seemed  to  him  an  enigma.  It 
would  be  instructive  to  contrast  the  Roman  con- 
quest with  tlie  invasion  of  Jewry  by  the  Greek  spirit. 


THE  SO  UR CES  OF  JE  WISH  E  THI CS     3 3 

he  may  live,  he  owes  the  duty  of  "  sancti- 
fying the  name  of  God"  (ocntnTp),  and 
the  community  as  such  is  a  "  sanctification 
of  the  name  of  God  "  (ot^n  enpo). 

Sw.  The  congregations  began  to  develop  New  social  con- 
00  b    &  &  p  Btitution    Poor 

a  new  sort  of  social  constitution.     The  old  j)aISldthUofithend 
social-agrarian  state  with  its  statutory  pro-  consciousness. 

Humanity. 

vision  for  each  family,  its  regulations  con- 
cerning the  permanent  allotment  of  real 
property,  its  Sabbatical  and  Jubilee  years, 
its  surrender  of  the  gleanings,  the  corners 
of  the  field,  and  the  forgotten  fruit  to  the 
poor  and  (mark  you)  the  stranger— this 
state  disappeared.  Its  ideal  of  happiness: 
"  Every  man  under  his  vine  and  under  his 
figtree,"  became  impossible  of  realization. 
Instead,  the  congregations  elaborated  poor 
laws  of  wide  compass  and  great  rigor.1 

*  Which  grant  non-Jews  the  same  privileges  as 
Jews  (see  Gtftin  6ia;  comp.  ch.  m).  It  is  highly 
characteristic  of  the  continuity  of  the  Jewish  spirit 
that  Maimonides  in  his  code  (about  thousand  years 
after  the  downfall  of  the  agrarian  state)  presents  the 
charity  regulations  in  the  division  on  agricultural 
laws  (d'ITIT)- 


34  THE  ETHICS  OF  JUDAISM 


Then  the  scattered  Jews  began  to  feel 
that  ethically  each  was  surety  for  the  other. 
More  than  ever  they  regarded  themselves 
as  the  "  people  of  God  "  ('n  nv).  The  deri- 
vation of  qv,  "people,"  from  um,  "to  as- 
semble," "  to  unite,"  was  exemplified  in  the 
feeling  of  the  masses.  The  bond  of  union 
no  longer  was  of  the  earth — was  not  a 
fatherland,  but  the  Father  in  heaven.  The 
increasing  misery  of  the  times  fostered  de- 
votion to  the  past.  The  notion  of  "  the 
merit  of  the  fathers  "  (mux  not)  grew  up 
in  its  specifically  Jewish  sense,  to  which 
there  is  no  analogy  among  other  nations.1 
All  eyes  were  fixed  upon  the  future,  all 
hopes  centred  in  the  reign  of  the  Messiah, 
which  was  to  embrace  the  whole  of  man- 
kind. The  established  liturgy,  accepted 
everywhere,  iterated  again  and  again  the 
prayer  for  the  attainment  of  the  goal  of  all 
history,  that  "  the  earth  shall  be  full  of  the 
knowledge   of   the    Lord."     God's    throne 

1  See  Appendix  No.  7,  p.  255. 


THE  SOUR CES  OF  JE  WISH  E THICS      3 5 

no  longer  stood  in  Jerusalem :  "  In  every 
place  where  I  shall  permit  my  name  to  be 
mentioned,  I  will  come  unto  thee,  and  I 
will  bless  thee"  (Exod.  20:24)/ 

Whithersoever  the  God-idea  is  borne, 
wheresoever  it  is  cherished,  there  is  the 
sanctuary.  The  whole  of  Rabbinic  litera- 
ture— no  disciple  or  sage  dissenting,  all  in- 
sisting upon  it  with  profound  solemnity — is 
pervaded  by  the  ideal  requirement :  Every 
house  a  temple,  every  heart  an  altar,  every 
human  being  a  priest.  Every  human  being, 
not  every  Israelite — is  the  hope  and  the 
injunction.  Numerous  passages  in  the 
Talmud  and  Midrash  teach  emphatically 
that  the  commands  of  Biblical  law  are  ad- 
dressed to  man:  "  Not  priest,  nor  Levite, 
nor  Israelite,  but  only  man  "  (=  din,  Adam) 
is  mentioned  in  the  Scriptures  as  the  bearer 
of  the  Law.1 

1  Comp.  Aboth  3.:  7. 

2  See   Abodah  Zarah  3a  on  Lev.   18:  5,  and   other 
passages. 


36  THE  ETHICS  OF  JUDAISM 

Simon  the  just      §31.  Above    (in    §17)    were    mentioned 

anticipates 

JochazakkaT  l*ie  new  etnical  elements  put  into  the  fore- 
ground after  the  destruction  of  the  Temple, 
and  it  is  true  that  they  then  asserted  them- 
selves energetically,  in  new  forms  corres- 
ponding to  changed  historical  circum- 
stances. But  in  all  their  essentials  they  had 
been  present  in  the  creations  of  the  past. 
As  the  thought  discussed  in  the  last  para- 
graph (§30)  sprang  from  Prophetical 
sources,  and  is  clearly  expressed  even  in 
Solomon's  prayer  at  the  dedication  of  the 
Temple  (I  Kings  8:41  seq.);  so  the  trend  of 
thought  promulgated  by  Jochanan  ben 
Zakkai  and  the  three  ethical  motives  incul- 
cated by  him  were  anticipated  by  Simon 
the  Just.  His  sentence :  "Upon  three  things, 
Law,  Divine  Service,  and  Charity,  rests 
the  (ideal  order  of  the)  world,"  '  must  have 
been  a  current  expression.  By  divine  ser- 
vice Simon  doubtless  meant  the  sacrificial 
cult,   but   later  every  specifically  religious 

iAboth  1 : 2. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      37 

practice  was  included  under  the  term 
Abodah,  to  the  establishment  and  spread 
of  whose  regulations  the  teachers  of  Jabneh 
and  of  the  succeeding  schools  devoted 
themselves. 

§32.  Famous   deeds,  whose   memory   is  Historical 

deeds  the  source 

kept  alive  by  the  generations,  are  a  notable  ^noSge 
source,  not  only  of  ethical  instruction,  but  andimPulse- 
also  of  moral  impulse  in  a  community.  They 
enrich  and  confirm  the  moral  import  of  life, 
As  historical  research  recognizes  the  moral 
elevation  of  a  people  better  by  its  heroic 
deeds  than  by  its  writings  and  orations;  so 
a  heritage  of  deeds  is  more  influential  than 
a  heritage  of  words.  The  heroism  of  the 
past  enkindles  the  young,  exalts  the  old. 
In  the  former  it  implants,  in  the  latter  it 
nurses,  noble  views,  Reality  begets  the 
real.  The  acceptance  of  ideal  require- 
ments, boundless  devotion  amounting  to 
self-sacrifice,  these  convey  ethical  discipline 
to  the  hearts  of  the  people,  in  ways  which 
teach  the  true  import  of  ethics  more  clearly 


38  THE  ETHICS  OE  JUDAISM 

and  impressively  than  formulated  doc- 
trines. The  wars  of  independence,  for  in- 
stance, waged  by  the  Jews  against  the 
Greeks  and  the  Romans,  illustrate  the  Jew- 
ish attitude  towards  life  and  its  duties. 
Though  at  first  blush  these  conflicts  seem 
similar  to  the  conflicts  engaged  in  by  other 
nations,  they  differ  from  them  fundamen- 
tally. The  others  battled,  to  use  the  Roman 
phrase,  pro.  aris  atque  focis,  for  hearth  and 
home.  To  be  fighting  for  religion  was  a 
new  thing.  Material  possessions  did  not 
enter  into  the  question.  Neither  home,  nor 
property,  nor  even  life  was  considered. 
Though  all  mental  and  physical  powers, 
unparalleled  courage,  surpassing  bravery, 
were  evoked  by  the  conflict,  yet,  in  the  heat 
of  the  bitterest  encounter,  the  combatants 
would  lay  down  arms  and  offer  up  life 
rather  than  desecrate  the  Sabbath.  That 
indicates  that  the  soul  of  the  people  not 
only  was  aglow  with  religious  enthusiasm, 
but  was  endowed  with  the  highest  mora; 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      39 

capacity  for  devotion  to  an  idea  and  sacri- 
fice in  its  furtherance.  True,  inner,  spirit- 
ual liberty,  man's  highest  possession  and 
highest  dignity,  was  at  stake.  Of  course, 
not  every  combatant  was  conscious  of  the 
impelling  force  of  the  idea.  But  in  all  it 
was  effective,  stimulating  their  energy  and 
urging  its  release  in  action.  Few  would 
have  been  able  to  put  into  words  or  to 
think  out  consecutively  what  animated 
them,  but  however  dimly  it  may  have  con- 
veyed itself  to  the  perceptions  of  the  agent, 
it  was  none  the  less  true  that  he  was  irre- 
sistibly actuated  by  the  conviction  that  life 
is  of  value  only  if  religious  views  may  reveal 
themselves  and  be  illustrated  in  conduct. 

§33.   In  earlier  times,  the  preservation  of  The  ethical 

'      ,  ...  potency  of 

the  state,  that  is,  of  political  independence  martyrdom. 
and  civil  liberty,  was  part  of  the  high  pur- 
pose of  war.  Later,  soldiers  were  replaced 
by  martyrs.  For  the  study  of  the  sacred 
Scripture  and  the  fulfilment  of  its  most  im- 
portant commands  Rome  decreed  the  death 


40  THE  ETHICS  OF  JUDAISM 

penalty,  and  moral  hero  after  hero  incurred 
it.  With  dauntless  courage  they  faced 
death,  gladly  sacrificing  a  life  that  was 
worthless  if  made  void  of  its  only  true 
meaning.  Indeed,  they  considered  the  su- 
preme purpose  of  life  fulfilled  in  this  one 
act — its  sacrifice  for  religion.  Akiba  ben 
Joseph  dying  at  the  stake  calls  himself 
happy,  because  he  is  permitted  to  execute 
literally  the  command  to  "  love  the  Lord 
with  all  thy  heart,  with  all  thy  soul,  with 
all  thy  might,"  for,  he  said,  "  with  all  thy 
soul  "  means  "  even  if  thou  must  yield  up 
thy  soul."  To  him  love  of  God  was  not  a 
single  command  like  others:  it  was  the  real 
content  of  human  life.  To  prove  his  love 
he  willingly  gave  life  itself.1 

The  fact  must  never  be  lost  sight  of  that 
so  far  as  the  great  mass  of  the  people,  the 
Jewish  people  in  particular,  are  concerned, 
all  law  has  from  time  immemorial  been 
taught  as  divine.     In  their  consciousness 

1  Berakhoth  6ib. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     4 I 

no  difference  exists  between  religious  and 
ethical  duties.  Now,  law  is  a  standard  aim- 
ing at  the  ideal  shaping  of  life,  and  the  self- 
sacrifice  of  martyrs  is  the  seal  of  their  un- 
conditional obedience  to  law.  Therefore, 
more  than  instruction  by  word  of  mouth, 
the  example  of  martyrs  serves  as  an  eth- 
ical spring  of  action.  Such  examples, 
moreover,  live  constantly  upon  the  lips  and 
in  the  hearts  of  men.  Martyrs  are  "  per- 
petual augmenters  of  the  empire  "  of  eth- 
ical idealism,  of  the  kingdom  of  God  on 
earth.  Thus  the  ethical  elements  in  the 
soul  of  the  populace  are  enriched,  and  the 
ethical  convictions  of  the  masses  strength- 
ened. 

The  soul  and  the  convictions  of  the  peo- 
ple, in  turn,  are  the  sources  of  inspiration 
to  leaders,  who  expound  the  ideal  content 
of  life  by  luminous  thoughts,  and  by  flam- 
ing words  perpetuate  it  from  generation  to 
generation  as  a  real  and  efficacious  influ- 
ence. 


42  THE  ETHICS  OE  JUDAISM 

Jewish  poetry       §34-  History  is  supplemented  by  poetry 
poetry  an  ethi'-  as  a  source  of  moral  edification  and  ethical 

cal  incentive. 

incitement.  Poetry  enlarges  our  grasp  of 
life;  whatever  fills  our  souls,  whatever 
moves  our  hearts,  it  seizes  upon,  refines, 
and  clothes  in  noble  forms. 

Two  fundamental  principles  and  tenden- 
cies must  be  distinguished  in  poetry.  They 
underlie  the  division  of  poetry  into  its  two 
great  classes,  and  characterize  the  difference 
between  nations  devoted  to  the  one  or  the 
other  kind.  In  epic  and  dramatic  poetry, 
as  in  the  plastic  arts,  the  creation  of  a 
second  world,  as  it  were,  is  the  object  in 
view.  Left  unsatisfied  by  what  the  exper- 
iences of  life,  in  detail  and  in  the  aggre- 
gate, in  the  present  and  as  recorded  in 
history,  offer  as  reality,  the  mind  resorts  to 
a  self-created  second  world.  The  Indo- 
European  genius,  not  content  with  the  vast 
natural  world,  with  a  knowledge  of  actual 
events,  casts  about  to  conjure  up  other  hap- 
penings, other  actors  and  characters,  other 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     43 

complexities,  in  short,  such  things  as  "  no- 
where and  ne'er  have  been." 

The  Semitic  peoples,  especially  the  Jews, 
are  far  different.  Their  poetry  is  almost 
exclusively  lyric-didactic,  dealing,  not  with 
the  shapes  of  untrammeled  fancy,  not  with 
the  images  of  an  unreal  world,  but  with 
actual  phenomena,  with  forms,  characters, 
acts,  and  religious  movements  of  history. 
Nor  does  it  stop  when  it  has  clothed  this 
real  world  in  chaste,  aesthetic  forms.  It 
pierces  to  its  depths  by  elevated  thought, 
interpenetrates  it  with  fresh-welling,  stimu- 
lating feelings,  selects  its  noble  elements  for 
impressive  presentation,  or  emphasizes 
them  in  a  tone  of  warning  and  instruction. 

Both  sorts  of  poetry  strive  to  rise  above 
the  commonplace  to  the  heights  of  the 
ideal.  Epic-dramatic  poetry  seeks  the  ideal 
in  forms  bodied  forth  by  fancy,  unsubstan- 
tial, illusory  figures;  lyric-didactic  poetry 
seeks  and  establishes  it  in  the  world  of  ac- 
tuality and  history. 


44  THE  ETHICS  OF  JUDAISM 

Legends  oma-       §35.  As  folk-poetry  in  the  true  sense  of 

mental  not 

architectural.  the  word  and  as  a  union  at  the  same  time 
of  the  two  tendencies  just  characterized,  we 
may  consider  legends  which  embellish  the 
lives  of  historical  personages  with  fictitious 
particulars.  The  poetic  instinct  of  the  Jew- 
ish people  was  inexhaustible  in  inventing 
tales  and  traits  of  Biblical  and  Talmudic 
heroes.  In  social  converse  when  the  clay's 
work  was  done,  and  by  women  at  their 
spinning  wheels,  as  well  as  by  Agadists 
from  the  pulpits,  these  folk-tales  were  re- 
peated and  varied  endlessly,  tricked  out 
with  anecdotes  and  witticisms,  and  occa- 
sionally spiced  with  a  dash  of  sarcasm,  es- 
pecially if  wicked  characters  were  held  up 
as  warning  examples, 

The  Midrash  literature  contains  no  artis- 
tic, organic  descriptions  of  characters  like 
the  Homeric  heroes,  for  instance.  Jewish 
legends,  in  other  words,  are  not  invented 
biographies,  but  embellishments  of  real 
biographies;  they  are  ornamental,  not  archi- 


THE  SO  UR  CES  OF  JE  WISH  E THICS     45 

tectural.  But  every  legendary  addition  to 
the  edifice  of  history  has  ethical  signifi- 
cance. It  would  be  absurd  to  speak  of  a 
conscious  purpose  running  through  the 
whole  body  of  legendary  anecdotes.  Yet 
they  are  more  than  idle,  diverting  fancies. 
Their  burden  is  affectionate  devotion  to  the 
Biblical  heroes,  joy  in  the  contemplation  of 
noble  lives,  and  scorn  and  abhorrence  for 
the  villains  of  history.  That  which  is  im- 
puted to  the  good  or  to  the  bad,  that  to 
which  greatest  importance  is  attached,  indi- 
cates the  moral  convictions,  the  ideal,  un- 
derlying the  fiction.  A  critical  analysis  of 
the  network  of  legends  with  their  ramifica- 
tions and  variations  enveloping  every  Bibli- 
cal personage,  would  enable  an  investigator 
who  sets  out  to  discover  their  ethical  struc- 
ture and  formulate  it  in  dogmatic  state- 
ments, to  compile  the  most  important  chap- 
ters of  an  ethical  system.1 

1  Comp.,  for  instance,  Dr.  B.  Beer,  Das  Leben 
Abrahams  nach  Auffassung  der  jiidischcn  Sage. 
Leipsic,   1859. 


46  THE  ETHICS  OE  JUDAISM 

Upon  pulpits  and  in  the  academies  the 
interpretation  of  fictitious  sayings,  acts, 
and  events,  gave  rise  to  deductions  from 
ethical  fundamentals,  to  a  more  detailed 
differentiation  of  ethical  concepts..  A  good 
deed  readily  suggests  a  good  word.  New 
ethical  motives  are  pointed  out,  or  are  dis- 
engaged from  their  connection  with  other 
incentives  to  action.  The  makers  of  the 
Midrash  were  masters  in  this  department, 
as  they  were  in  the  art  of  abstracting  a  new 
ethical  thought  from  the  realistic  particulars 
of  a  legend.  They  expressed  it  in  a  lucid 
sentence,  or  ingeniously  attached  it  to  a 
Biblical  verse,  where  it  found  literary  lodg- 
ment and  length  of  life. 
Besides  law,       §36.  Another   equally  important   source 

history,  and 

PTnsrfitutU)ns  °^  origfinal  ethical  thoughts  and  far-reach- 
produce  ethical  •  . •  .  1  .  •,     .  •  r    .1 

principles,  ing  instruction  are  the  institutions  of  the 
congregation  and  other  societies,  with 
their  statutes  or  regulations,  whether  trans- 
mitted in  writing  or  by  oral  tradition,  for 
when  writing  is  least  resorted  to  memory 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     47 

is  most  faithful  (as  Plato  avers  in  Phcedrus). 

The  European  civilization  of  the  second 
half  of  our  own  century  is  distinguished  for 
a  multitude  of  flourishing  organizations. 
Ethical  purposes  which  have  not  yet  been 
assumed  by  the  state,  and  which  formerly 
were  wholly  or  partially  neglected,  are  now 
promoted  with  energy  by  independent  soci- 
eties imbued  with  the  sacredness  of  the 
ethical  task. 

These  associations  are  an  excellent  index 
to  the  degree  and  the  breadth  of  the  ethical 
activity  of  our  time,  better  perhaps  than 
contemporary  text-books  of  ethics.  It  is, 
therefore,  interesting  to  note  that  they 
flourished  in  Jewish  congregations  in  very 
early  times.  Civilized  Europe  became  ac- 
quainted with  Free  Soup  Kitchens  in  the 
middle  of  the  nineteenth  century.  In  the 
Talmud  we  find  minute  regulations  con- 
cerning the  duties  and  privileges  connected 
with  the  dual  institution  of  Tamchui  and 
Kuppah.     The  one  provided  for  the  daily 


48  THE  ETHICS  OF  JUDAISM 

distribution  of  victuals  among  the  poor; 
the  other,  obviously  intended  for  the 
shamefaced  poor,  provided  for  the  weekly 
distribution  of  raw  food  supplies,1  Holy 
brotherhoods  and  societies  for  the  aid  of 
the  poor,  the  nursing  of  the  sick,  the  cloth- 
ing of  the  needy,  the  providing  of  dowries, 
etc.,  were  attached  to  all  but  the  smallest 
congregations.  Above  all,  the  Talmud 
Torah  associations  were  so  zealous  in  the 
preservation  of  the  noblest  heirlooms,  in 
maintaining  the  continuity  of  the  spiritual 
life,  that  even  in  the  most  oppressive  cir- 
cumstances Jewish  illiteracy  was  rare. 
The -Two      §37.  Ethics  is  not  an   empiric  science. 

Boxes."     Their 

lessons  and  jt  is  to  teach,  not  how  men  acted,  or  do 

their  success.  ' 

act,  but  how  they  ought  to  act.  But  when, 
as  here,  the  object  is  to  give  an  historical 
presentation  of  what  a  nation,  a  school,  etc., 
regarded  as  the  content  of  ethics,  then 
every  sort  of  historical  experience  con- 
nected with  it  must  be  considered.     Even 

1  Peak  8:  7,  and  elsewhere. 


THE  SOURCES  OF  JEWISH  ETHICS   49 

ordinary  facts  may  become  a  source  of  in- 
struction. One  example  will  illustrate  my 
meaning. 

The  Berlin  Jewish  community  has  sup- 
ported a  society  for  the  aid  of  mourners 
(Mishan  Abelim)  for  one  hundred  and  fifty 
years.  Its  object  is  to  furnish  assistance 
to  poor  families  exposed  to  want  through 
the  death  of  a  member,  in  view  of  the  fact 
that  the  religious  law  enjoins  the  cessation 
of  work  during  the  days  of  mourning.  Out 
of  deference  to  the  sensibilities  of  the  recip- 
ients, the  following  arrangements  have  been 
made :  Two  locked  boxes  are  sent  to  every 
house  of  mourning,  alike  of  the  rich  and 
the  poor.  Box  No.  i  contains  a  sum  in- 
tended for  the  needy.  It  is  accompanied 
by  its  key  in  a  sealed  package  and  by  a  let- 
ter requesting  the  recipient  to  open  the  box 
and  empty  it.  In  proportion  to  his  need, 
he  may  retain  the  whole  or  part  of  its  con- 
tents. If  he  requires  no  assistance,  he  is 
directed  to  put  the  whole  sum  into  Box  No. 


50  THE  ETHICS  OF  JUDAISM 

2.  Besides,  the  well-to-do  are  requested  to 
add  to  the  contents  of  Box  No.  2  a  contri- 
bution over  and  above  the  amount  trans- 
ferred to  it  from  Box  No.  I.  Compliance 
with  this  request  enables  the  association  to 
accomplish  its  object.  Box  No.  2  remains 
unopened  for  some  time  during  its  passage 
from  family  to  family,  so  that  no  one,  not 
even  the  directors  of  the  society,  can  be 
aware  of  the  identity  of  givers  and  takers. 
If  our  sole  knowledge  of  the  customs, 
principles,  and  ethical  attitude  of  a  com- 
munity in  a  distant  land  or  in  remote  times 
were  the  existence,  administration,  and  suc- 
cess of  the  "  Two  Boxes,"  it  would  suffice 
to  establish,  beyond  the  shadow  of  a  doubt, 
the  following  ethical  ideas:  Kindliness 
should  be  a  principle  of  action.  It  should 
express  itself  in  granting  aid  to  the  needy, 
that  is,  in  charity.  Charity  should  be  exer- 
cised magnanimously,  in  such  a  way  that 
the  recipient  remains  unknown.  Every 
pathologic  taint,  all  softening  of  the  heart 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      5  I 

by  the  sight  of  the  sufferer,  should  be 
avoided.  Only  the  nobility  and  dignity  of 
the  ideal  law  should  influence  the  giver. 
Again,  charity  should  be  exercised  with 
delicacy.  The  recipient  should  remain  in 
ignorance  of  the  giver.  Every  possibility 
of  the  patron's  displaying  condescension  or 
the  client's  feeling  mortification  should  be 
excluded.  In  general,  when  aid  is  ex- 
tended through  the  agency  of  a  society  or 
an  almoner,  he  who  gives  and  he  who  takes 
are  unknown  to  each  other.  Yet  it  may 
happen  that  a  director  or  an  almoner  may 
feel  inclined  to  play  the  role  of  patron. 
Then  the  danger  arises  that  partiality  or 
neglect  may  be  shown,  or  mortification  in- 
flicted, according  to  the  character  of  the 
parties  concerned.  From  the  "  Two 
Boxes  "  the  gift  may  be  taken  without  a 
pang,  as  it  is  offered  impersonally  and  dis- 
passionately, in  obedience  to  the  ethical 
law.  The  institution  is  a  striking  proof  of 
the  energetic  impulse  imparted  to  its  found- 


52  THE  ETHICS  OF  JUDAISM 

ers  by  the  idea  of  benevolence.  In  order 
to  practise  charity  safeguarded  by  delicacy, 
they  deliberated  and  devised  a  beautiful 
plan. 

Furthermore,  a  peculiarly  ideal  value  at- 
taches to  the  institution,  inasmuch  as  it 
embodies  the  highest  ethical  principle, 
whose  significance  transcends  that  of  any 
single  idea,  therefore  transcends  that  of  the 
idea  of  benevolence.  Since  the  institution 
provides  for  the  impersonal  exercise  of 
charity,  for  the  suppression  of  the  giver's 
and  the  recipient's  individuality,  public 
spirit  alone  is  active  in  all  givers  and  in  all 
recipients.  The  community  acts  as  an  ethi- 
cal unit.  By  means  of  ethical  activity  and 
only  by  means  of  and  for  the  sake  of  ethical 
activity,  a  spiritual  union  is  effected,  the 
ethical  communion  of  all  concerned. 

Finally,  attention  must  be  drawn  to  the 
circumstance  that  the  whole  proceeding  is 
based  upon  a  high  degree  of  confidence 
felt   in    the   members   of   the   community. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS   5  3 

None,  it  is  assumed,  will  take  needlessly, 
every  one  will  give  according  to  his  means. 
Confidence  of  this  kind  is  not  absolutely  a 
virtue;  it  may  indicate  carelessness.  At 
this  point  ethics  must  resort  to  the  teach- 
ings of  history  concerning  the  facts  of  real 
life.  History  will  teach  whether,  from  an 
ethical  point  of  view,  confidence  is  legiti- 
mate. The  act  of  each  individual,  it  is 
true,  can  be  judged  by  God  alone,  the  pos- 
sibility of  knowing  it  having  been  resigned 
voluntarily.  But  the  prosperity  of  the  in- 
stitution of  the  "  Two  Boxes  "  in  the  ag- 
gregate, proved  by  statistics  since  the  intro- 
duction of  the  plan,  confirms  the  psycho- 
logic opinion  that  confidence  placed  in  all 
and  felt  by  all  is  one  of  the  strongest  and 
purest  impulses  for  good  affecting  the  will 
of  man.  In  the  present  case  the  confidence 
has  been  brilliantly  justified. 

§38.  Again,  popular  customs  and  usages  customs  and 

usages  evidences 

that  are  not  based  upon  a  legal  prescrip-  of  ethical 

r  °         r  r     convictions. 

tion,  and  therefore  are  not  subjects  of  eth- 


54  THE  ETHICS  OF  JUDAISM 

ical  instruction,  may  serve  as  evidence  and 
as  producers  of  ethical  views. 

A  rule  which  the  Halachah  regards  as  a 
custom,  not  as  a  law,  bids  the  Jew  join  di- 
rectly to  the  completion  of  one  religious 
duty  the  fulfilment  of  a  second.1  For  in- 
stance, in  the  evening  following  the  Day  of 
Atonement,  at  the  end  of  twenty-four  hours 
passed  in  fasting  and  prayer,  it  is  custom- 
ary, immediately  after  breaking  the  fast,  to 
do  something  towards  the  erection  of  the 
booth  used  during  the  Feast  of  Taberna- 
cles, which  occurs  four  days  later.  There 
can  be  no  more  beautiful  and,  from  the 
point  of  view  of  the  education  of  the  young, 
no  more  stimulating  way  of  evincing  devo- 
tion to  the  Law  and  willingness  to  fulfil  its 
behests. 

Schiller  maintains  that  man's  moral  edu- 
cation is  perforce  reached  by  the  circuitous 
way  of  the  aesthetic  sensibilities.     A  much 

1  Based  upon  a  free  interpretation  of  Ps.  84:  8  and 
upon  the  change  of  a  promise  into  a  requirement. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      5  5 

sounder  psychologic  basis  underlies  the 
pedagogic  method  employed  by  all  pure 
religions,  especially  by  Judaism,  of  produ- 
cing ethical  convictions  by  means  of  sym- 
bolic-religious acts.1 

§39.  In  consulting  experience  it  is  im-  Theideaisof 

the  best  the 

portant  to  pay  heed  to  the  soul-life,  not  of  standard. 
the  majority,  but  of  the  best.  Furthermore, 
in  the  best,  ideals,  not  deeds,  are  to  be 
coined  by  us  into  rules  of  conduct.  Again, 
to  leave  ideals  merely  to  be  inferred  from 
their  realization  is  not  enough;  they  must 
be  shown  to  have  actually  existed  as  ideals 
in  the  soul  of  the  agents. 

§40.  No  elaborate  demonstration  is  need-  The  reverse  of 

morality  a 

ed  to  prove  that  all  narratives,  true  and  nc-  source  of 

*  ethical  teaching. 

titious;  that  history,  anecdotes,  Biblical  £eXrle.ce' 
tales,  and  legends  alike,  bring  out  immoral 
as  well  as  moral  aspects  of  life.  Both  aspects 
are  made  sources  of  ethical  teaching. 
Beside  elevating,  inspiriting  models  stand 
examples  of  baseness  and  impiety  to  ad- 

1  See  Appendix  No.  8,  p.  256. 


56  THE  ETHICS  OF  JUDAISM 

monish  and  deter.  The  transcendent  ideal 
on  the  one  side  is  opposed  on  the  other  by 
•the  remorse,  penitence,  and  contrition  of 
sinners  aware  of  their  sinfulness.  In  the 
individual  who  by  his  actions  assumes  an 
attitude  of  negation  towards  the  public 
spirit, — who,  in  short,  violates  the  law, — 
morality  manifests  itself  as  twinges  of  con- 
science. As  a  rule,  little  is  seen  upon  the 
surface  to  indicate  the  throes  suffered  by 
the  moral  spirit  in  consequence  of  negation 
and  wrong,  although  the  offensive  act  was 
positive,  as  the  law  violated  is  positive.1 
Remorse,  peni-  §4i-  Yet  positive  moral  results  of  a  most 
their  positive  potent  kind  may  follow  the  emotional  ex- 

results. 

citement  caused  by  violation  of  law.     The 

1  In  the  province  of  religion,  therefore,  contrition 
is  justly  required  to  express  itself  in  a  positive  form, 
first,  by  a  confession  of  sin  OlTl),  then,  by  repent- 
ance, and  finally,  by  particularly  good  works,  self- 
imposed  sacrifices,  balancing  the  sin,  as  it  were.  In 
the  province  of  ethics  this  idea  is  brought  into 
prominence  only  occasionally,  in  certain  depart- 
ments, as,  for  instance,  in  the  penal  law.  Absolu- 
tion, setting  free  from  the  guilt  as  well  as  the  penal 
consequences  of  sin,  by  means  of  "  works  of  super- 
erogation "  is  foreign  to  ethics  and  to  Judaism. 


THE  SOURCES  OF  JEWISH  ETHICS   $7 

penitential  Psalms  of  the  royal  singer  (Ps. 
32,  51,  etc.)  testify  to  the  access  of  power  ac- 
cruing to  the  principle  of  good  from  its  ne- 
glect. Therefore  the  Rabbis  gave  frequent 
and  greatly  diversified  expression  to  the 
requirement  of  roiK'n,  remorse,  penitence, 
and  improvement,  always  connecting  it 
with  positive  good.1 

More  than  this :  in  the  phrase,  "  repent- 
ance and  good  deeds  "  (  omo  d»b>»di  rown  ), 
repentance  is  hot  merely  ranked  with  good 
deeds,  but  takes  precedence  of  them.  The 
Rabbis  here  had  in  mind  the  common  ex- 
perience that  man  rises  to  fulfilment  of  the 
law  through  its  violation.  Conscience  is 
rendered  acute  by  wrong  committed.2 

1  As  a  consolation  for  the  loss  of  the  expiatory 
sacrifices,  it  is  distinctly  said:  Repentance  and  con- 
trition are  equal  to  the  whole  sacrificial  service 
(Vayikra  Rabbah,  ch.  7).  The  same  holds  good  of 
the  subjugation  of  an  evil  desire  (Sotah  5b  and  San- 
hedrin  43**). 

1  Therefore,  the  oldest  codes  (as  the  Ten  Com- 
mandments) put  most  laws  into  a  negative  form. 
Comp.  M.  Lazarus,  Leben  der,  Seele,  ed.  3,  vol.  ill,  p. 
377  seq. 


58  THE  ETHICS  OF  JUDAISM 

Besides  restoring  serenity  to  the  soul, 
deep,  honest,  quickening  remorse  was  ex- 
pected to  purge  and  heighten  the  moral 
sentiment.  Therefore,  the  repentant  sinner 
was  rated  higher  than  the  guiltless,  who 
lack  the  experience  which  serves  as  a 
gauge  for  the  baseness  of  immorality  and 
the  elevation  of  morality.1 

Even  the      §42.  In  fact,  even  the  degraded,   hard- 
obdurate  yields 

ethical  ened,   unrepentant   criminal   may  serve   as 

instruction.  *  J 

the  text  of  an  instructive  ethical  discussion, 
for  the  shaping  influence  of  moral  ideas 
reveals  itself  in  the  rejection  of  the  bad  as 
well  as  in  the  recognition  of  the  good. 

To  sum  up :  whether  the  facts  taught  by 
experience  or  the  ethical  situations  created 
by  fancy  be  moral  or  the  reverse,  the  spirit 
of  ethics  proclaims  the  same  teaching, 
though  it  may  vary  as  to  form.  It  is  clear 
that  the  presence  of  immorality  in  no  wise 
disturbs  the  harmony  of  the  moral  theory 
of  life. 

1  Berakhoth  34b  and  Sanhedrin  99*. 


THE  SO  UR CES  OE  JE  WISH  E THICS      59 

§43.  The   inquiry   into   the   nature   and  unity  of  state- 
ment despite 

trustworthiness    of    the    sources    becomes  disagreement 

among  the 

more  serious  when  we  take  note  of  the  in-  sourcea- 
disputable  fact  that  the  teachings  and  pre- 
scriptions drawn  from  them  often  seem  to 
differ  from  one  another,  sometimes,  indeed, 
to  be  contradictory.  The  historical  and 
psychologic  explanation  lies  near  at  hand. 
The  dicta  and  the  rules  which  are  to  be  ar- 
ranged into  a  system  originated  in  different 
times  and  with  different  individuals.  But 
this  explanation  leaves  ethical  and  method- 
ological difficulties  unsolved.  How  is  a 
homogeneous  and  harmonious  statement 
of  the  ethics  of  Judaism  to  be  reached  in 
face  of  the  disagreement  among  teachings 
and  teachers?  To  show  the  solution  of  the 
problem  and  the  principle  which  underlies 
it,  and  which  will  be  followed  as  a  guide  in 
this  work,  it  is  necessary  to  say  somewhat 
more  concerning  the  nature  of  our  sources. 

§44.  It     is     well-known     that,    broadly  Taimudic  tradi- 

.  _  tion.    Lack  of 

speaking,   lalmudic  wisdom  was  preserved  criticism. 


60  THE  ETHICS  OE  JUDAISM 

for  several  centuries  only  by  oral  tradition. 
When  the  hard  times  came,  the  fear  that 
the  destructive  agencies  of  dispersion  and 
persecution  might  jeopardize  the  continuity 
of  tradition  urged  the  compilation  of  all 
scattered  and  fragmentary  records  together 
with  the  precious  matter  handed  down 
orally.  The  compilers  were  governed  by 
the  pious  desire  to  perpetuate  everything. 
Whatever  could  be  brought  together  was 
accepted  and  set  down  in  writing.  An  ex- 
cess of  modesty  precluded  criticism  of  in- 
herited treasures.  They  were  not  sifted; 
nothing  was  rejected  as  below  the  standard. 
The  sages  of  early  times  were  looked  upon, 
no  doubt  justly,  as  so  much  more  represen- 
tative than  the  compilers  that  no  one  pre- 
sumed to  object  to  an  heirloom.  Inade- 
quacy was  charged  against  the  judgment 
and  understanding  of  the  later  authorities, 
never  against  the  material  bequeathed  by 
the  past.1 

1  This  exaggerated  reverence  is  expressed  in  the 
sentence  which  has  attained  the  currency  of  a  pro- 


THE  SOURCES  OF  JEWISH  ETHICS   6 1 
§45.   Moreover,  in  the  treatment  of  tradi-  Excessive 

harmonizing. 

tions  the  long  dominant  method  had  been 
to  harmonize  them.  A  contradiction  be- 
tween two  Biblical  verses,  between  two 
Rabbis,  or  between  a  Rabbi  and  the  Scrip- 
tures, was  at  the  outset  repudiated,  consid- 
ered void.  Either  a  reconciliation  was 
effected  at  once,  or  it  was  confidently  held 
out  as  a  prospect. 

Therefore  it  seemed  not  only  permissible, 
but  obligatory,  to  perpetuate  and  transmit 
differing  and  even  contradictory  views.1 

§46.   Later  ethical  literature  shows  plain-  Historical 

development 

ly    how    historical    development    put    into  ^™?nghe 
operation    a    winnowing    and    eliminating  pro' 
process,  and  brought  about  genuine  har- 
mony between  contradictory  views. 

This  was  possible  only  because  the  prin- 
ciples were  immutable.  The  fundamentals 
of  the  ethical  view  of  life  were  never  shaken. 

verb:  "  If  our  forebears  were  angels,  we  are  men;  rf 
they  were  men,  we  are  like  asses." 

1  So  early  a  source  as  Eduyoth  1:4  illustrates  why 
a  dissenting  tradition  is  preserved. 


62  THE  ETHICS  OF  JUDAISM 

The  elaboration  of  the  moral  doctrine  gave 
scope  to  exuberant  individualism.  In  striv- 
ing for  ideal  perfection  and  a  more  and 
more  extended  and  discriminating  applica- 
tion of  principles,  nicety  of  conscience  and 
a  strong  desire  to  act  in  conformity  with 
the  moral  law  were  re-enforced  by  acumen 
and  dialectic  refinement.  The  principles, 
however,  remained  unswervingly  the  same, 
equally  valid  for  all. 
Later  dis-      §47.  Uncritical  as  the  original  compila- 

crimination.      .  ,....., 

tion  was,  so  discriminating  is  the  later  liter- 
ature. A  just  distinction  is  made  between 
doctrinal  articles  and  what  is  marked  by 
personal  or  historical  circumstances  as  an 
incidental  expression.  In  this  way,  toasts, 
illustrations  used  for  pedagogic  purposes, 
humorous  hyperbole,  ejaculations,  and  all 
similar  expressions  were  rejected. 
Humor  in  the      §48a.  In  connection  with  this  the  pres- 

Talmud.    Bibli- 
cal expressions  ence  of  humor  in  the  Talmud  must  be  re- 

satincally 

applied.  ferre(j  to  in  the  strongest  terms.    It  radiates 
its  refreshing  influence  in  the  academic  halls 


THE  SO  UR CES  OF  JE  WISH  E THICS     63 

alike  of  Jabneh  and  of  Pumbeditha  and 
Sura.  Rabbah,  it  is  reported,  was  in  the 
habit  of  beginning  his  discourses  with  a 
jocular  introduction.1  And  why  should  R. 
Meir  not  spice  the  leisure  of  a  journey  by 
indulging  in  a  pun  at  the  expense  of  mine 
host?  His  name  was  Kidor  ("iwa),  where- 
from  R.  Meir  inferred  that  he  was  a  rogue 
(perhaps  the  hotel-bill  had  something  to 
do  with  the  conclusion !),  for  the  Scriptures 
have  it :  Ki  dor  tahpukhoth  ("  a  perverse 
generation  ").2  This  satiric  use  of  a  Bibli- 
cal expression,  incredible  if  it  were  not  well- 
attested,  should  serve  as  a  caution  against 
a  too  serious  weighing  of  every  Talmudic 
sentence. 

In  the  great  discussion  on  the  treatment 
of  the  Am  ha-Arez  (the  rural  population), 
in  which  the  men  of  Jabneh  distinguished 
themselves  by  their  nobility  and  their  clear 
recognition  of  the  necessity  of  division  of 

1  Pesachim  117* 

2niD^Qnn  in  »3   (Deut.  32:20).     Yoma  83b. 


64  THE  ETHICS  OF  JUDAISM 

labor  as  a  civilizing  factor,1  there  are  pas- 
sages that  cannot  be  considered  as  any- 
thing but  jests,  as  student  jokes.  Only  a 
soul  hounded  by  persecution  could  harbor 
the  narrow  pedantry  that  invests  them 
with  serious  meaning  or  Halachic  signifi- 
cance.2 
scale  of      §48b.  Accordingly,   the  traditional  dicta 

expressions. 

range,  on  the  one  hand,  from  everybody's 
thoughts,  beliefs,  and  knowledge,  which, 
being  the  expression  of  the  public  spirit, 
were  current  as  household  words,3  to  the 

1  Their  maxim  was  (Berakhoth  I7a):  "I  am  a  be- 
ing created  by  God,  and  he  is  a  being  created  by 
God.  I  have  my  trade  in  town,  he  has  his  on  the 
field.  I  rise  early  for  my  work,  he  rises  early  for 
his  (=  I  am  industrious,  and  he  is  industrious).  As 
he  does  not  boast  of  his  (worldly,  material)  occupa- 
tion, so  I  may  not  boast  of  my  (intellectual)  occupa- 
tion. If  you  think  that  I  accomplish  much,  and  he 
accomplishes  little,  remember  what  we  have  learned: 
It  matters  not  whether  a  man  accomplishes  much 
or  little,  if  only  his  soul  is  directed  heavenward  (to 
the  ideal)." 

2  See  Appendix    No.  9,  p.  256. 

3  As,  for  instance,  xn  Nms'pDT  K3H  ("  tne  'aw  °f 
the  land  is  law  "). 


THE  SO URCES  OE  JE  WISH  E THICS      65 

quotation,  on  the  other  hand,  of  some  for- 
gotten opinion,  advanced  by  an  individual, 
on  a  certain  occasion,  in  a  given  circle,  and 
perhaps  regarded  at  the  time  as  peculiar. 
There  follows  necessarily  a  scale  of  values, 
graded  by  history  and  to  be  graded  in  a 
systematic  statement.  The  clue  to  a  just 
estimate  can  be  derived  from  a  considera- 
tion of  the  proverbs  of  all  nations.  As  they 
often  contradict  each  other,  so,  even  among 
races  of  the  highest  moral  standard,  they 
are  apt  to  be  harsh — not  a  strange  circum- 
stance in  view  of  the  fact  that  most  of  them 
originated  in  an  early  period  of  deficient 
moral  development.  Overrating  of  the 
useful,  encouragement  of  self-interest,  pain- 
ful reprisals,  are  common.  If,  then,  the 
moral  character  of  a  nation  is  to  be  judged 
by  its  proverbs,  only  the  best  of  them  may 
go  to  form  the  verdict,  only  such  as  may  be 
considered  the  product  of  gradual  ethical 
growth. 

§49.  A  paragraph  must  be  devoted  to  the 


66  THE  ETHICS  OF  JUDAISM 

Their  value  and  words  wrung  from  the  soul  by  the  agony 

their  futility. 

Historical  of  persecution,  by  crying:  injustice,  by  sor- 

explanation.  r  '       J  J       °         J  '       J   , 

row  and  grief  over  violence  and  oppression. 
How  often  Simon  ben  Yochai's  passionate 
outburst :  "  Kill  even  the  best  of  the 
heathen !  "  has  been  cast  up  as  a  reproach ! 
The  critics  forget  that  Simon  had  been  bit- 
terly persecuted  by  the  Romans.  He  had 
been  forced  to  spend  thirteen  joyless,  in- 
active years  in  hiding  in  a  cave,  for  the 
crime  of  having  read  and  taught  the  Scrip- 
tures— nothing  more.  The  Germans  and 
the  French  of  this  century  are  nations  of 
high  ethical  standing,  yet  the  ebullitions  of 
rage  and  revenge  during  the  Napoleonic 
Wars  and  the  War  of  1870  make  Ben 
Yochai's  cry  of  pain  seem  unimpassioned 
by  comparison.  Wars,  especially  guerrilla 
warfare,  and  wicked  maladministration  by 
hostile  rulers  brutalize  the  consciences  of 
the  sufferers.  Immoderate,  despairing  rage 
must  be  met  understandingly,  in  the  spirit 
of  the  Talmudic  principle :    "  No  one  is  re- 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     67 

sponsible  for  words  extorted  by  pain " 
(of  persecution).1  They  should  not  be 
glossed  over  nor  excused.  As  little  may 
they  be  set  down  to  the  discredit  of  the 
nation  or  the  speakers  as  their  sober 
opinions. 

It  would  be  at  once  foolish  and  unjust 
to  cite  as  principles  of  German  and  French 
ethics  the  ireful  utterances  of  the  noblest 
of  the  Germans  in  1807  or  of  the  French 
in  1870.  Likewise,  Simon  ben  Yochai,  one 
of  the  most  enlightened  men  of  his  time, 
was  surely  far  from  desiring  to  formulate 
as  a  doctrine  the  hard  word  into  which  the 
bitter  passion  of  his  woe  emptied  itself.2 
The  originators  of  such  utterances  should 
be  accorded  justice,  though  the  utterances 
themselves  should  not  be  allowed  to  escape 
fair  criticism.  The  narrowness  of  thorough- 
going apologetes  is  sometimes  as  disastrous 
to  the  recognition  of  truth  as  the  blindness 
and  equivocation  of  fanatic  foes. 

1  Baba  Bathra  i6b.     2  See  Appendix  No.  10,  p.  261. 


68  THE  ETHICS  OF  JUDAISM 

Ethical  convic-      §50.  The   most  important  lesson  learnt 

tion  discernible 

even  in  passion.  anci  taught  by  ethics  in  connection  with  the 
record  of  frenzied  outbursts  is  that  the 
ethical  view  of  life  may  assert  itself  even  in 
such  reprehensible  extremes  of  passion. 
The  pity  of  it  is  that  a  sickly,  poisonous  par- 
asite battens  upon  the  root  of  a  healthy, 
legitimate  idea.  Patriotism,  heightened 
perchance  by  an  exaggerated  sense  of  the 
right  of  retaliation,  and  both  deluded  as  to 
the  limits  of  their  ethical  justification,  over- 
grows and  stifles  the  other  moral  ideas.  It 
is  meet  to  praise  the  fire  of  patriotism,  only 
it  should  never  be  permitted  to  spread  so 
far  as  to  consume  other  moral  ideas.1 
Every  age  has       §51.  Turning    to     doctrinal     utterances 

its  own 

authority.  prQper,  we  must  admit  without  reservation 
that,  individualistic  as  they  are,  their  value 
is  unequal.  To  elaborate  them  into  an  har- 
monious system  of  ethics  it  is  above  all 
necessary  to  keep  in  mind  the  Rabbinical 
principle,  that  the  teacher  of  every  age  (in 

1  See  Appendix  No.  II,  p.  265. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS    ■  69 

theoretic,  as  the  judge  in  practical  ques- 
tions) has  the  right  and  the  duty,  without 
prejudice  to  tradition,  to  decide  a  mooted 
point  according  to  his  understanding  and 
his  conscience.  In  many  forms  the  thought 
re-appears  that  the  authority  of  every  age 
must  be  upheld.  A  prophylactic  was  thus 
provided  against  the  inertia  of  the  teachers 
and  the  insubordination  and  litigiousness 
of  the  laity,  and  on  the  other  hand,  vigor  of 
conscientious  thought  was  fostered.  This 
principle  is  the  basis  of  the  prohibition  to 
reduce  traditional  decisions  and  explana- 
tions to  writing,  which  was  observed  in  the 
epoch,  critical  for  Judaism,  before  and  after 
the  fall  of  the  state  and  the  Temple.  Nor 
is  this  Rabbinical  principle  affected  by  the 
discussion,  philological  and  historical, — 
which  probab]y,  with  our  present  sources, 
will  never  be  decided  to  the  satisfaction  of 
all — as  to  when  and  in  what  parts  the 
Mishnah  was  first  written  down,  for  even 
laws  supposed   to  be   derived  direct   from 


/O  THE  ETHICS  OF  JUDAISM 

Sinai    ( :y"ohn  )   may   be   called   into   ques- 
tion.1 

Many  arguments,  witty  and  wise,  are  ad- 
duced to  prove  this  fundamental  principle 
of  Rabbinism  a  Biblical  teaching.  For  in- 
stance: ''In  Deuteronomy  17:9  it  is  said: 
'  Thou  shalt  come  .  .  .  unto  the  judge  that 
shall  be  in  those  days  and  inquire.'  Can  a 
man  possibly  go  to  a  judge  not  of  his 
days? "  The  wording  is  said  to  be  pe- 
culiar, in  order  to  indicate  that  the  teacher 
of  a  given  time  is  clothed  with  authority.2 
Again,  the  seventy  elders  appointed  by 
Moses  as  his  assistants  were  not  enumer- 
ated by  name,  so  that  they  might  not  be 
cited  as  authorities.  Everybody  is  ex- 
pected to  draw  truth  from  the  original 
sources,  by  the  exertion  of  his  own  strength 
and  at  his  own  peril. 
Transformation       §52.  The  Talmud   makes  distinct  refer- 

of  a  law  often 

its  preservation.  ence  to  the  fact  that  later  Prophets  contra- 

1  See  Responses  of  Chawoth  Yair,  No.  192. 
*  See  Rosh  ha-Shanah  25b. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      7 l 

dieted  Mosaic  words,  and  substituted  their 
own  thoughts.1  The  principle  stated  by  R. 
Simon  ben  Lakish,  that  "  sometimes  to  an- 
nul a  law  is  to  establish  it,"  was  properly- 
adopted.  Reform — a  new  conception — 
often  furnishes  the  real  justification  for  a 
law  which,  in  its  earlier  shape,  has  dimin- 
ished in  value,  has  become  irrelevant  and 
inexpedient.  Reform,  therefore,  is  pre- 
eminently conservative.2 

§53.  The    almost    boundless    esteem    in  Tradition  a  guide, 

not  a  fetter. 

which  tradition  was  held  was  supplemented 
by  the  distinct  feeling  that  it  was  to  guide 
conscience,  not  fetter  it;  whet  the  mind,  not 
blunt  it.  This  view  found  expression  in 
the  clear-cut  rule :  "  A  decision  depends, 
not  upon  the  age  of  the  teacher,  but  upon 

1  Makkoth  24* 

2  Menachoth  gg3-  and  b.  That  this  is  the  true  meaning 
of  the  Talmud  words,  in  spite  of  Rashi's  disinclination 
to  accept  it,  appears  from  the  opposition  between 
ni'lCH  and  miD1-  The  former  cannot  mean  "in- 
terruption of  study,"  because  the  second  clause  can- 
not possibly  make  sense  if  nilD'1  is  taken  as  "  occu- 
pation with  the  Law."  Rashi  himself  has  subverted 
the  very  -py   ("  foundation  "). 


72  THE  ETHICS  OF  JUDAISM 

his  arguments."  *  Reverence  for  the  hoary 
head  as  enjoined  in  the  Bible  was  a  prime 
virtue  in  the  Rabbinical  world.  Yet,  in  the 
establishment  of  truth,  arguments  are 
prized  above  everything.  And  what  holds 
of  the  teachers,  is  valid  of  the  teachings: 
not  their  age,  their  truth  must  be  proved. 
Traditionalism       §54.  With  reference  to  this  question  the 

and  rationalism. 

mud's  prosbui.  Judaism  of  the  past  presents  two  doctrinal 
opinions,  in  fact,  is  divided  into  two  oppos- 
ing tendencies.  Let  us  call  the  one  tra- 
ditionalism, the  other  rationalism.  But  the 
latter  is  to  be  taken  in  a  most  restricted 
sense,  and  is  as  consistently  conservative  as 
its  antagonistic  trend  of  thought. 

Traditionalism  teaches  and  accepts  noth- 
ing, unless  it  has  been  handed  down  from 
the  past.  For  it  a  doctrine  requires  no 
justification  beyond  the  fact  of  its  having 
been  so  handed  down. 

The  rationalistic  attitude  demands  a  rea- 
son for  every  doctrine,  in  other  words,  de- 

1  Baba  Bathra  I42b. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      73 

mands  proof  of  its  truth  or  validity,  either 
quoted  from  Scripture  or  reached  by  rea- 
son, that  is,  derived  logically  from  another 
law  or  from  the  reasons  for  the  other  law. 
Such  a  course  admits  of  real  progress  in 
law-making,  of  positive  development;  even 
new  laws  may  arise.  In  fact,  new  ordi- 
nances to  serve  some  purpose  of  ethical 
fitness  or  keep  a  practical  condition  within 
legal  bounds  can  and  should  be  framed  in 
the  spirit  of  the  old  laws.  This  method, 
consciously  pursued  since  Hillel's  time,  was 
primarily  calculated  to  apply  the  spirit  of 
old  laws  to  completely  transformed  or  new- 
ly arisen  conditions  in  social  life  and  in 
commerce.  Its  scope  was  enlarged  to  in- 
clude ordinances  which  abrogated  a  distinct 
Biblical  law,  or  sanctioned  its  evasion,  in 
order  to  insure  the  fulfilment  of  its  spirit 
and  purpose. 

Hillel's    Prosbul    is    an    illustration    in 
point.1     The  sages  of  the  time  could  neither 

1  Prosbul  was  a  document  framed  at  court  by  a 


74  THE  ETHICS  OF  JUDAISM 

disregard  recent  momentous  conditions  of 
commerce  not  allowed  for  under  the  old 
law,  nor  abandon  the  situation  to  arbitrary 
lawlessness.  They  therefore  accepted  a 
solution  which,  though  contradictory  to  the 
letter  of  the  law,  rendered  certain  the  exe- 
cution of  its  spirit,  namely,  the  promotion 
of  a  commercial  credit  system  in  the  inter- 
est of  the  needy. 
Traditionalism       §55.  Traditionalism    appeals    to    and    is 

characterized. 

its  passivity,  based  upon  memory.  Rationalism  demands 
logical  exercise  of  the  mind  and  refinement 
of  conscience.  In  the  Talmudic  writings 
traditionalism,  though  sometimes  satirized,1 
is  more  frequently  praised.     It  aspires  to 

creditor  and  attested  by  witnesses  before  the  begin- 
ning of  a  year  of  release.  It  recited  that  the  ordi- 
nance releasing  debtors  from  payment  (Deut.  15:2) 
does  not  apply  to  the  creditor  named  therein,  and 
that  he  reserves  the  right  to  collect  the  debt.  The 
exhortation  in  Deuteronomy  15:9  could  not  be 
counted  upon  to  influence  capitalists  in  times  of 
growing  commercial  activity  based  upon  credit.  To 
prevent  the  obstruction  of  commerce  to  the  detri- 
ment of  the  poor,  a  legal  expedient  had  to  be  in- 
vented. '  Sukkah  28a. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      7  5 

and  possesses  a  quality  held  in  high  and 
general  esteem.  The  traditionalist  is  abso- 
lutely sure  about  his  teachings :  "  I "  have 
heard  it  from  my  teacher,"  or  "  I  have  not 
heard  it  " — that  is  final.  No  need  for  anx- 
ious seeking,  for  intellectual  striving !  The 
conflict  of  ideas,  the  battle  of  arguments,  is 
repudiated.  There  is  no  hesitation,  no 
doubt;  on  the  other  hand,  no  progress,  no 
creation.1  Naturally,  grievous  embarrass- 
ment was  the  portion  of  the  traditionalist 
in  the  presence  of  contradictory  traditions, 
of  which  there  was  no  lack.  His  invulnera- 
bility was  imperiled.  One  of  the  most 
unfortunate  expedients  in  such  a  case  was 
decision  according  to  the  number  of  those 
to  whom  the  tradition  could  be  traced.2  At 
first  glance  it  might  seem  that  traditional- 
ism is  a  result  of  modesty.  But  closer  ex- 
amination reveals  the  fact,  confirmed  by  his- 
tory, that  oftener  its  sources  are  pride  and 
greed  of  power. 

1  See  Appendix  No.  12.  p.  268. 

2  See  Appendix  No.  13,  p.  271. 


7&  THE  ETHICS  OE  JUDAISM 


Etwcs  requires       §56.  The   decision   of   theological    ques- 

research.    Variety 

of  practices  ijons  [n  view  of  the  two  tendencies  of  Tew- 

eompatible  with  •> 

umformit^o  .^  ^Qyg^^.  (|0es  not  concern  us  here.  With 
regard  to  the  science  of  ethics,  however, 
and  the  relation  of  Rabbinism  to  it,  no 
doubt  can  arise.  We  shall  see  later,  in  dis- 
cussing the  real  nature  and  essence  of  the 
ethical,  that  it  requires,  as  its  basis,  intellec- 
tual activity,  clear  insight,  and  a  quick  con- 
science. 

It  is  obvious  that  many  details  may  be 
left  to  successive  generations  and  single 
persons  without  detriment  to  ethics,  pure 
or  applied.  As  it  is,  they  spring  from  indi- 
vidual views  and  circumstances.  They  af- 
fect only  the  practical  issues  of  life,  which 
may  vary,  though  the  teaching  of  ethics 
be  uniform.  For  instance,  R.  Mathias 
teaches :  "  Be  the  tail  among  lions  rather 
than  the  head  among  foxes."  '  In  the  Jeru- 
salem Talmud,  the  opposite,  "  Be  the  head 
among  foxes  rather  than  the   tail  among 

1  Aboth  4:  15. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      77 

lions,"  is  designated  as  a  proverb,1  and  the 
opposition  between  the  teaching  and  the 
current  saying  is  expressly  noted. 

§57.  The  required  and  actually  existing  solution  of  the 

problem:  multi- 

unity  of  the  ethical,  then,  is  opposed  by  a  P^tyofmoral 
variety  of  teachings  and  commands  (as,  for 
instance,  in  regard  to  conduct  towards  our 
fellow-men  in  given  cases,  our  attitude 
towards  events  and  their  consequences). 
The  solution  of  the  problem  thus  presented 
lies  in  the  fact  that  morality  manifests  itself 
in  a  multiplicity  of  ideas,  some  of  which 
exclude  all  others  when  applied  to  a  stated 
case,  or,  indeed,  in  the  definition  of  a  given 
doctrine.  For  example,  justice  and  mercy, 
severity  and  mildness,  assert  themselves  at 
one  and  the  same  time  as  ideal  require- 
ments.     In    each    generation    and    within 

1  Sanhedrin  4:  10.  The  proverb  is  mere  worldly 
wisdom,  the  child  of  practical  sense.  The  mind  of 
the  Rabbi,  on  the  other  hand,  is  fixed  upon  the 
ethical  purpose.  He,  therefore,  desires,  above  all, 
association  with  his  superiors  in  however  modest  a 
capacity;  the  proverb  gives  preference  to  leadership, 
though  exercised  among  inferiors. 


78  THE  ETHICS  OF  JUDAISM 

every  sphere,  practical  life  works  out  a 
standard,1  but  all  human  provinces  and  hu- 
manity as  a  whole  look  to  ethics  for  their 
harmonious  unification.  It  is  for  ethics  to 
mete  out  to  every  idea  its  just  boundaries, 
determine  its  co-ordination  with  others,  de- 
cide cases  of  conflicting  duties,  and  set 
doubting  consciences  at  rest. 
Psychologic       §58.  From  the  point  of  view  of  the  his- 

differences 

co-existent  tory    and   development    of   the    science    of 

with  ethical  J  v 

Thf^roTw^  ethics,  it  is  extremely  instructive  to  note 

Arez  question  a  .  .  .   , 

case  in  point,  the  forms  assumed  by  this  conflict  of  ideas 
— how,  in  different  individuals  of  equal  ele- 
vation and  purity  of  motive,  it  renews  itself, 
or  is  adjusted  under  the  influence,  now  of 
the  changing  conditions  of  life,  now  of  ad- 
vancing culture. 

One  illustration  will  suffice  to  make  this 

1  The  state,  for  example,  or  a  religious  brother- 
hood, or  communal  and  other  associations,  must 
each  make  the  decisions  affecting  its  welfare.  With 
equal  purity  of  ethical  conviction,  they  are  bound 
to  differ  in  action,  because  their  aims  and  the  means 
at  their  command  are  not  the  same. 


THE  SOURCES  OF  JEWISH  ETHICS   79 

plain.  We  are  in  possession  of  opinions ' 
diametrically  opposed  to  each  other  con- 
cerning the  treatment  of  the  so-called 
Am  ha- Ares,  that  is,  of  the  mass  of  the  rural 
population  brutalized  by  guerrilla  warfare, 
which,  as  we  know,  works  more  moral  and 
spiritual  mischief  than  any  other  sort.  This 
frank  disagreement  indicates  no  ethical  op- 
position, nor  even  a  gradation  of  moral 
views,  only  a  psychologic  difference  of  opin- 
ion as  to  the  results  to  be  expected.  The 
one  sage  hopes;  the  other  despairs.  The 
one  urges  condescension  towards  the  base 
and  their  patient  regeneration;  the  other  in- 
sists, for  the  safeguarding  of  morality,  upon 
the  separation  of  the  pure  from  the  impure, 
the  docile  from  the  intractable.  The  one 
devotes  himself  to  the  rescue  of  whatever 
souls  can  be  saved,  and,  if  he  fails,  does  his 
duty  in  the  service  of  his  kind;  the  other 
strives  to  rescue  the  cause,  the  moral  idea, 
and  therefore  abandons  individuals  presunv 

1  See  $4&  and  Appendix  thereto. 


8o  THE  ETHICS  OF  JUDAISM 


ably  beyond  human  salvation.  The  one 
provides  for  the  good,  and  thus  violates 
goodness  itself;  the  other  takes  pity  on  the 
wretched,  and  attempts  to  plant  in  them 
the  seeds  of  his  own  goodness.  Success 
.itself  cannot  decide  the  question  finally. 
Though  all  efforts  to  raise  the  vile,  to  loose 
the  bonds  of  iniquity,  be  unavailing,  yet 
loving  devotion,  unselfish  aspiration,  are 
themselves  noble  achievements. 
Multiplicity  of      §59.  Every  being  conscious  of  moral  ob- 

motives  and  the 

aii?v.ce subjective  ligations  finds  the  solution  of  the  problem 
lvingobjec«ve  only  in  the  depths  of  his  own  personality. 

teaching. 

Inasmuch  as  men,  despite  historically  en- 
trenched and  generally  accepted  standards, 
must  put  forth  constant  effort  to  rise  to 
their  height,  such  conflicts  as  the  above  will 
present  an  ever  new  problem  to  the  indi- 
vidual. The  question  will  recur  again  and 
again :  shall  justice  prevail  or  love,  zeal  or 
meekness,  care  of  the  good  or  pity  for  the 
wretched?  Daily  and  everywhere  the  di- 
lemma weighs  upon  us.    In  churches  and  in 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      8 1 

synagogues,  in  the  pulpit  and  on  the  plat- 
form, religion  and  morality  raise  their  high- 
est ideals.  But  from  the  chambers  of  parlia- 
ment and  the  halls  of  justice,  as  from  every 
house  and  cabin,  issue  the  peremptory  de- 
mands of  government  and  social  order,  of 
all  sorts  of  expediencies  and  utilities,  and 
of  the  necessities  that  constitute  the  actual 
life  of  individuals  and  communities. 

Here  the  power  of  personality  asserts  it- 
self triumphantly.  The  inner  life  of  some 
man  is  stirred  powerfully  by  the  moral  idea, 
and  his  decision  becomes  a  norm  for  the 
public  at  large.  His  subjective  living  is 
transformed  into  objective  teaching.  Be- 
fore the  purged  and  purified  law  the  prob- 
lem vanishes.  In  fact  and  in  spirit  it  is 
solved.  It  has  no  place  upon  the  higher 
plane  of  morality  to  which  the  soul  has 
mounted. 

§60.  In   reviewing  the  chief  ideas   con-  Jewish  ethics 

derived  only 

cerning  the  sources  to  be  consulted  for  a  from  the  spirit 

°  of  Judaism  as 

systematic  statement  of  the  ethics  of  Juda-  awhole- 


82  THE  ETHICS  OF  JUDAISM 

ism,  we  must  emphasize  the  circumstance 
that  we  derive  the  Jewish  ethical  view,  its 
tendency  and  elevation,  from  the  spirit  of 
the  literature  as  a  whole,  rather  than  from 
single  formal  doctrines.  Of  our  subject  it 
is  peculiarly  true,  that  the  details  of  a 
written  tradition  are  intelligible  only 
through  the  whole.  Every  member  of  a 
living  organism  depends  for  its  health  and 
function  upon  the  whole  more  than  the 
whole  depends  upon  each  separate  organ. 
So  the  true  bearing  of  single  features  of 
Jewish  literature  can  be  learned  only  from 
their  relation  to  the  whole.  The  spirit 
that  permeates,  envelopes,  and  animates 
single  utterances  must  be  thoroughly  com- 
prehended. It  is  the  gauge  and  inter- 
preter of  their  ethical  value.  He  who  would 
merely  place  certain  dicta  of  the  Bible  and 
the  Talmud  alongside  of  equivalent  moral 
principles  widely  accepted  among  modern 
civilized  peoples  (or  formulated  in  some 
system),    is    far    removed    from    the    legit- 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      8  3 

imate  aim  of  a  presentation  of  the  ethics  of 
Judaism;  he  is  not  even  on  the  road  to  it. 
The  facts  of  our  case  reveal  a  good  his- 
torical and  psychologic  reason  for  this.  In 
Rabbinical  literature  as  in  the  Biblical  writ- 
ings, convictions,  deep-seated  motives,  con- 
duct, rarely  present  themselves  to  us — nor, 
indeed,  did  they  to  the  authors — through 
the  medium  of  introspective  reflection.  The 
vitality  of  a  tree  resides  out  of  sight  in  its 
fibrous  rootlets,  and  the  sources  of  a  spring 
are  hidden  underground;  so,  with  the  Rab- 
bis, the  prime  motive  of  action  and  the  con- 
sciousness of  aim  withdrew  from  the  publi- 
city of  definition. 

Much  of  what  sprang  from  Jewish  soil, 
and  was  of  the  essence  of  Jewish  life  and 
conviction  did  not  appear  in  the  form  of 
logically  framed  thoughts,  certainly  not  in 
the  form  of  an  orderly,  systematic  state- 
ment. If  it  was  conceived  as  a  thought,  it 
did  not  secure  expression  in  clear,  precise 
terms,  in   scientific  language.     Sometimes 


84  THE  ETHICS  OF  JUDAISM 

it  was  a  spiritual  experience;  sometimes  it 
assumed  shape  in  an  act  which  was  re- 
ported; again,  an  allegory,  a  legend,  an  allu- 
sion to  a  Biblical  verse  or  narrative  took  the 
place  of  plain  and  simple  teaching.  In 
short,  the  fundamental  ethical  view  was 
more  inclusive,  more  profound  and  clear, 
than  the  notions  developed  under  it  or  than 
its  detailed,  logical  application  to  practical 
conduct.  Therefore,  the  fundamental  view 
does  not  attain  to  pithy,  scientific  ex- 
pression.1 

1  This  characteristic  of  the  Rabbinical  mind  is  the 
less  surprising  as  Eucken  discriminatingly  points  out 
the  same  in  Kant,  past  master  in  philosophic  analy- 
sis. Kant  "  does  not  attain  to  a  clear,  comprehensive 
notion  of  man's  being.  Though  Kant  deserves  the 
greatest  credit  for  his  definition  of  such  ideas  as 
personality,  character,  deed,  etc.;  though  he  was  the 
first  to  turn  the  light  of  scientific  knowledge  upon 
them;  yet  he  by  no  means  brings  this  about  by  way 
of  philosophic  abstraction.  Rather  the  general  for- 
mula is  supplemented  by  a  greater  wealth  of  original 
inductions.  But  if  the  fundamental  view  is  more 
comprehensive  than  the  single  notions,  it  naturally 
cannot  attain  to  full  expression  through  them." 
(•See  Die  Lcbcnsanschauung  grosser  Denker.  Leipsic, 
1890.     P.  455.) 


THE  SO  UR  CES  OF  JE  WISH  E  THICS   8  5 
§61.  That  untiring,  varied  elaboration  of  Lack  of  scientific 

system.     Causes. 

the  subject  of  ethics,  which  was  carried  on 
with  acumen  and  passionate  devotion, 
should  co-exist  with  a  method  absolutely 
lacking  in  ordinary  scientific  system  and 
logical  consecutiveness  l — this,  too,  has  an 
historical  explanation.  First,  the  provis- 
ions of  the  most  ancient  legislation  de- 
manded simply  action  (or  refraining  from 
action).  The  moral  impulse,  the  detail  of 
conviction  specially  involved  in  a  given  law, 
in  short,  the  motive,  was  stated,  if  at  all, 
only  in  the  form  of  a  general  moral  idea 
(as,  "  ye  shall  be  holy,  for  I  am  holy,"  and 
similar  reasons).  Again,  the  Jewish  reli- 
gion covered  life  with  a  network  of  sym- 
bolic actions,  which  present  the  elevated 
moral  view  of  life  in  the  form  of  a  concrete 
illustration,  or  typify  it  as  a  psychologic 
influence.  Thus  the  need  of  an  explicit 
statement  was  felt  neither  in  religion  nor 
in  the  sphere  of  moral  acts  and  the  moral 

1  See  Appendix  No.  14.  p.  273. 


86  THE  ETHICS  OF  JUDAISM 

views  underlying  the  acts.  It  is  indisput- 
able that  this  method  of  teaching  morality 
leaves  the  ideal  import  of  the  doctrine  in- 
tact, and  from  the  point  of  view  of  the  stim- 
ulation of  the  will  is  preferable  to  logical 
analysis.  Therefore  the  spirit  of  Rabbin- 
ism  rested  satisfied,  and  was  able  to  dis- 
pense with  scientific  system. 
Doubt  and  eriti-       §62.  Another  factor  of  great  importance 

cism  foreign  to 

the  Rabbinic  enters  into  the  case.  Scientific  investigation 

mind.  o 

results  from  doubt  and  criticism.  To  the 
Jewish  mind  all  moral  commands  were  at 
the  same  time  religious,  that  is,  divine  com- 
mands. No  doubt  could  arise  concerning 
the  meaning  of  the  laws  in  general  and  the 
conviction  underlying  them,  and  criticism 
would  have  been  out  'of  place.  Now,  as 
the  ethical  in  its  broad  outlines  and  inner- 
most reason  was  unalterably  fixed,  it  was 
felt  that  an  explanation  of  the  specific  im- 
port of  single  laws  and  their  logical  deriva- 
tion might  be  dispensed  with.  The  cer- 
tainty  of  obedience  was  thus   heightened 


THE  SO  UR  CES  OF  JE  WISH  E  THICS      87 

to  the  prejudice  of  clearness  and  definite- 
ness  of  knowledge.1 

§63.  However,  all  Talmudic  authors,  es-  The  universal 

•    11  1  1-  /     r      1         a,t-    t  1       derived  from  the 

pecially  the  earlier  ones  (of  the  Mishnah,  individual, 
the  Tosefta,  and  the  Talmudic  Midrashim), 
permeated  and  governed  as  they  are  by  the 
spirit  of  Jewish  literature  and  tradition,  are 
masters  and  models  in  deducing  the  univer-  • 
sal  from  the  individual,  the  hidden  from  the 
patent,  the  essence  from  the  form.2 

1  Hence,  in  later  times,  less  profound,  if  more 
zealous,  spirits  went  so  far  as  to  brand  inquiry  into 
the  specific  reasons  for  a  certain  law  as  heretical  (for 
instance,  in  the  famous  and  notorious  Maimunist 
controversy).  Tracing  a  law  to  its  reasons  (EMIT 
N~l,"n  nt3I7I3 ,  "  seek  the  reason  of  what  is  written  ") 
was  debated  by  the  Tannaites  in  the  Talmud,  but 
they  had  in  mind  chiefly  its  practical  bearing  upon 
the  interpretation  of  the  law. 

*  Comp.  Michael  Sachs,  Beitrdge  zur  Sprach-  und 
Alterthumsforschung,  Berlin,  1854,  vol.  11,  p.  135. 
"  The  narrative  of  antiquity  becomes  prophecy,  the 
poetry  of  later  times  retrospective  symbolism." 
Therefore,  "  the  fathers  are  the  feet  of  God's 
throne";  for,  according  to  Sachs'  excellent  inter- 
pretation of  these  words,  "  through  the  Patriarchs, 
knowledge  of  God  and  self-consecration  to  God  es- 
tablished a  new  realm  of  the  higher  life  in  this  world. 


88  THE  ETHICS  OF  JUDAISM 

iiuie  for  the  use       §64.  In  the  study  and  application  of  Tal- 

of  Talmudic  J  l  l 

TiwTuthl'not  mudic  wisdom,  some  rule  of  guidance  must 
in  license,  be  adopted.  In  every  epoch,  but  especi- 
ally in  later  times,  even  in  the  Gaonic  and 
its  related  literature,  the  Midrash  was  often 
cultivated  merely  as  a  stimulating,  pleas- 
urable pursuit.  By  the  side  of  research 
which  disclosed  the  true  ethical  bearing  of 
tradition,  it  indulged  in  arbitrary  interpre- 
tations, conceits,  and  ingenious  witticisms. 
It  becomes  our  duty,  therefore,  to  disen- 
tangle what  to  the  best  of  our  belief  and 
knowledge  is  the  ultimate  principle,  the 
actual,  genuine  view  of  life.  The  Rabbis, 
particularly  the  writers  on  religious  and 
ethical  subjects,  should  certainly  not  serve 
us  as  models  when  they  depart  from  his- 
toric, objective  truth.1     Though  always  in 

.  .  .  The  wondrous  past  is  mirrored  in  every  word 
[of  the  Song  of  Songs  according  to  Midrashic  inter- 
pretation], and  fanciful,  arbitrary  explanations  and 
paraphrases  burst  asunder  the  connecting  chain  by 
enlarging  every  link  to  an  independent,  dispropor- 
tionately large  circle." 
1  See  Appendix  No.  15,  p.  279. 


THE  SOURCES  OE  JEWISH  ETHICS   89 

good  faith  and  with  the  best  intentions,  yet 
with  unbridled  arbitrariness  and  often  with 
full  consciousness  of  their  act,  they  carry 
their  own  thoughts  into  the  traditional 
(Biblical  and  Talmudical)  words.  It  is 
true  that,  in  treating  of  the  ethical  concep- 
tion of  life,  they  hold  fast,  with  extremely 
few  exceptions,1  to  the  fundamental  view, 
to  the  generally  accepted  attitude,  the  ulti- 
mate principle,  and  the  highest  aim. 
Throughout  the  wide  domain  of  their  liter- 
ary and  intellectual  effort,  the  historical 
continuity  of  the  universal  spirit  and  its 
oneness  are  so  admirably  maintained  that, 
despite  devotional  conceits  and  pious  fan- 
cies, even  the  mystical  longing  of  the  Kab- 
balah can  scarcely  withdraw  from  its  unify- 
ing influence.  On  the  other  hand,  original 
thoughts,  because  they  are  held  to  be  truth, 
are  unhesitatingly  represented  as  tradi- 
tional.    They  are  artificially  expounded  as 

1  As,  for  instance,  the  Zohar,  and  even  Bachya  ibn 
Pakuda  and  other  mystics. 


90  THE  ETHICS  OF  JUDAISM 

the  meaning  of  some  Bible  verse,  even  if  to 
do  so  it  be  necessary  to  wrest  the  verse  from 
its  context.  When  all  other  tricks  of  the 
art  of  harmonizing  fail,  the  wording  is  al- 
most imperceptibly  changed,  perhaps  by 
the  addition  of  a  long-suffering  particle.1 
Such  artifices  must  be  rigidly  excluded  in 
making  a  scientific  statement  of  traditional 
ideas,  and  a  plain  distinction  must  be  drawn 
between  one's  own  subjective  thoughts  and 

1  Only  two  examples  shall  be  cited  to  illustrate 
how,  with  the  help  of  fanciful  construing  and  modi- 
fying, original  thoughts  of  fundamental  import, 
therefore  of  the  highest  scientific  value,  are  joined 
to  Biblical  words  of  simple,  direct  meaning.  By  a 
figurative  interpretation  of  vm^JJQ  and  niJX.  the 
verse  in  Amos  (9:6),  "That  buildeth  in  the  heavens 
his  steps,  and  hath  founded  his  vault  over  the  earth," 
gives  rise  to  the  moral  thought  that  the  majesty  of 
God  reveals  itself  only  when  men  are  joined  in  one 
union.  Vayikra  Rabbah,  ch.  30.  See  Appendix  No. 
16,  p.  281. 

In  Aboth  6:2,  the  simple  assertion  in  the  Bible 
that  the  Ten  Commandments  were  graven  upon  the 
stone  tablets  suggests,  by  the  change  of  DViri 
("  graven  ")  into  nwn  (."  freedom  "),  the  exalted 
idea  that  man  becomes  truly  free  only  through  the 
moral  law. 


THE  SO  UR  CES  OE  JE  WISH  E  THICS     9 1 

the  objective,  existing  material.  Our  sole 
duty  is  to  superimpose  the  form,  the  scien- 
tific and  linguistic  expression.  The  content 
must  be  derived  from  tradition  alone.  The 
skill  in  philological  interpretation  and 
assimilation  and  the  modesty  that  waives 
recognition  of  originality  may  call  forth 
praise  but  not  imitation.  Our  scientific 
task  turns  neither  upon  ingenious  art  nor 
upon  the  moral  excellence  of  modesty,  but 
solely  and  alone  upon  the  investigation  of 
objective,  historic  truth. 

§65.  In  agreement  with  the  above  rule  The  generally 

.     .  accepted  versus 

determining  our  attitude  towards  the  ethi-  the  original 

"  meaning  of 

cal  literature,  another  should  be  observed,  sayings- 
which  at  first  might  seem  contradictory  to 
it.  A  number  of  expressions  used  in  the 
Bible  and  by  the. Talmud  sages  are  known 
to  have  originated  on  definite,  historical 
occasions.1  Accordingly,  they  had  a  defi- 
nite, restricted  meaning. 

1  See  Appendix  No.  17,  p.  282. 


92  THE  ETHICS  OF  JUDAISM 

In  many  cases  such  expressions  were 
taken  literally  as  they  stood,  as  detached 
sentences,  in  their  widest  possible  meaning, 
and  so  perpetuated  themselves  for  a  thou- 
sand years  and  more.  The  historical  occa- 
sion in  connection  with  which  the  words 
first  appeared  was  forgotten  or  disregarded. 
As  sources  of  instruction  for  us  such  sen- 
tences must  be  taken  in  their  general  ac- 
ceptation. Not  the  original,  special  mean- 
ing, but  the  meaning  that  acquired  cur- 
rency in  the  course  of  time  is  valid  for  us. 
Our  concern  is  not  with  the  thought  that 
was,  or  should  have  been,  suggested  by  the 
words  in  the  first  place,  but  with  the 
thought  they  actually  did  suggest  during 
centuries.  One  example  follows.  Rabban 
Gamaliel  announced :  He  who  will  not 
show  his  colors,  that  is  (most  probably), 
will  not  declare  himself  publicly  an  ad- 
herent either  of  Hillells  party  or  of  Sham- 
mai's,  may  not  come  into  the  academy. 
Every  one  was  to  be  "  the  same  within  and 


THE  SO  UR CES  OF  JE  WISH  E THTCS     93 

without "  (1133  Din).1  This  expression 
later  became  proverbial.  The  idea  of 
truthfulness  was  as  old  as  Biblical  times. 
What  one  thinks  and  only  what  one  thinks 
should  be  spoken.  It  is  sinful  to  mislead, 
to  dissemble,  to  flatter  with  false  speech. 
One  may  not  act  with  a  double  or  a  divided 
heart.  Later,  R.  Gamaliel's  pithy  words 
acquired  a  general  meaning  bearing  no  ref- 
erence to,  nor  even  a  reminder  of,  the  occa- 
sion upon  which  they  originated.2  Inner 
conviction  and  outward  action  should  agree 
with  each  other :  ma  I3in !  The  brevity 
of  the  saying  was  a  recommendation. 
Mouth  caught  it  from  mouth,  generation 
from  generation.  It  became  a  pregnant 
expression  for  the  general  idea  of  truthful- 
ness, the  battle-cry  in  the  conflict  between 
being  and  seeming.3 

§66.  The  last  resort,  however,  should  be, 

1Berakhoth  28a. 

2  For  instance,  the  expression  is  used  in  connec- 
tion, with  another  matter  by  Rabbah  in  Yoma  72b. 

3  See  Appendix  No.  18,  p.  283. 


94  THE  ETHICS  OF  JUDAISM 


ultimate  source  not  to  the  spirit  pervading  the  literature, 

the  spirit  of  .    . 

Public  etwcai  kut  to  the  spirit  animating  the  race  and  the 
religious  brotherhood.  The  literature  is 
itself  but  the  outpouring  of  the  people's 
heart,  and  a  formal  statement  of  the  ethics 
of  Judaism  must  draw  its  substance  from 
the  same  source,  from  the  innermost  es- 
sence of  the  people's  spirit,  noting,  at  the 
same  time,  its  development  in  the  course 
of  generations.  The  task  is  to  watch  the 
faintest  stirrings  of  the  public  conscious- 
ness, to  apprehend  with  delicately  trained 
senses  the  imponderable  elements  of  the 
ethical  spirit,  to  give  word  and  tangible 
shape  to  whatever  shadowy  thought  or 
ideal  longing  moves  the  heart  of  the  people. 
Task  of  the       §67.  The  real  task  of  ethical  science  is  to 

science  of  ethics.  ....  .  ,     .      , 

The  conscience  preserve  the  living  source  of  moral  judg- 

of  the  people 

v^ted  with  ment  fresh  and  limpid;  deepening,  purify- 

authonty.  mg.  ancj  protecting  it.     The  secret  must  be 

laid  bare,   the  dark  illumined,   the   murky 

cleared,  the  consecutiveness  of  what  seems 

partially  contradictory  demonstrated.     To 


THE  SO  UR  CES  OF  JE  WISH  E  THICS     9  5 

accomplish  this  the  soul  of  the  people  must 
be  made  the  object  of  investigation,  so  that 
science  may  hold  up  a  faithful  mirror  to  it. 

Such  taking  account  of  the  public  ethical 
consciousness  is  in  harmony  with  Rabbini- 
cal views.  The  rule  of  the  Rabbis  before 
the  issue  of  certain  ordinances:  "Look 
abroad  and  see  what  the  custom  of  the  peo- 
ple is,"  '  is  not  applicable  here.  It  probably 
had  reference  chiefly  to  gaining  insight  into 
practical  needs  and  to  the  consideration  of 
peremptory  expedients.  But  the  general 
principle,  "  Custom  and  usage  developed 
in  Israel  (naturally  on  the  basis  of  the  law) 
are  rules  of  law,"  2  proves  that  the  ethical 
conscience  of  the  people  was  regarded  as  a 
source  of  legislative  authority. 

§68.   Ethical  science  and  the  Rabbis  have  The  peculiar 

qualification  of 

good   reason   to  consider  the  public   con-  the  Jewish  race, 
sciousness  of  the  Jews,  more  than  that  of 

1  -Ql  KQtf  *X0  nn  MB-    Berakhoth  45a. 

2  See  Weiss,  Geschichte  der  Tradition,  n,  p.  68,  and 
elsewhere;  also  ^"CFQ  (R.  Solomon  Luria)  in  r\'"w 
No.  63,  and^"^"  on  Baba  Kamma,  ch.  x,  No.  42. 


96  THE  ETHICS  OF  JUDAISM 

any  other  nation  of  antiquity,  as  the  source 
of  ethical  concepts.  Historical  facts  justify 
their  confidence.  It  would  be  false  mod- 
esty and  reprehensible  to  omit  mention  here 
of  the  circumstances  that  brought  about  the 
special  excellence  of  the  Jewish  race, 
produced  by      §69.  Over  and  above  all  a  knowledge  of 

the  spread  of 

religious  and  ethical   principles,  of  the  law,  was  spread 

moral  education.  L  r  x 

abroad  in  a  way  unparalleled  among  other 
nations.  Facts  of  gravest  importance  may 
escape  observation  on  account  of  our  famil- 
iarity with  them;  they  form  part  of  our 
earliest  consciousness.  Such  is  the  fact,  not 
only  that  the  Jews  (as  later  the  Christians) 
possessed  Holy  Writings,  acknowledged 
sources  of  all  moral  and  religious  instruc- 
tion,1 but  that  by  ordinance  their  contents 
were  to  be  imparted  to  the  people  at  stated 
times.  They  were  read  publicly,  and  often 
the  reading  was  accompanied  by  an  explan- 
■  ation  (as  in  the  synagogue  discourses,  the 

1  See  Bernhard  Stade,  Geschichte  des  Volkes  Israel, 
vol.  1,  pp.  660,  666  scq. 


THE  SOURCES  OF  JEWISH  ETHICS     97 


patterns  of  the  Christian  sermon).  Among 
all,  including  the  modern,  nations,  knowl- 
edge of  the  law  is  taken  for  granted.  Ig- 
norance of  the  law  is  nowhere  an  excuse. 
Yet  no  nation,  ancient  or  modern,  made 
provision  for  spreading  knowledge  of  the 
law,  of  the  moral  doctrine.  The  Jews  alone 
possessed  an  old  regulation  enjoining  the 
public  reading  and  expounding  of  the  para- 
graphs of  the  code  at  definite  times. 

§70.  The     appreciation     of     knowledge  constant  exhor- 

.  tation:   "  Thou 

among  the  Jews  reaches  back  to  earliest  shalt know" 
times.  Read  the  Homeric  poems  from  be- 
ginning to  end,  and  though  they  contain 
ethical  gems,  there  is  nothing  to  indicate 
that  knowledge,  the  perception  of  truth, 
was  a  human  need,  the  pursuit  and  ideal 
of  even  the  best  of  men.  On  the  other 
hand,  Biblical  and  still  more  post-Biblical 
literature  is  resonant  with  the  exhortation : 
"Thou  shalt  know"  (rum)-  perceive,  un- 
derstand !  The  loftiest  ideal  of  the  Prophet 
is  expressed  in  the  sentence :    "  The  earth 


98  THE  ETHICS  OF  JUDAISM 

shall  be  full  of  the  knowledge  of  the  Lord, 
as  the  waters  cover  the  sea"  (Is.  11:9; 
comp.  Jer.  31:33  and  Hab.  2:14).  The 
knowledge  extolled  is,  of  course,  moral  and 
religious,  and  this  is  the  very  knowledge 
that  makes  the  soul  of  the  people  the  reposi- 
tory of  ethical  material.1  Further  on  we 
shall  consider  the  provisions  made  by  the 
Rabbis — who  in  this  respect  were  models 
for  a  later  stage  of  culture — to  impart  this 

1  Though  it  is  true  that  at  a  late  period  the  desire 
for  knowledge  awoke  with  peculiar  force  in  Greece, 
becoming  so  energetic  an  impulse  and  producing 
such  masterly  scientific  results  that  the  whole  of  sub- 
sequent civilization  looked  to  the  Greeks  as  to 
models  and  leaders,  yet  it  must  be  borne  in  mind 
that  all  their  mental  activity  in  no  wise  furthered  or 
established  the  ethical  consciousness  of  the  people. 
The  historical  investigation  of  this  fact  has  no  place 
here;  further  on  one  of  its  main  aspects  will  be  con- 
sidered. In  any  event,  the  absence  of  ethical  study 
led  gradually  to  the  destruction  of  Greek  national 
consciousness,  to  the  loss  of  the  idea  of  a  national 
ethical  mission,  and  thereby  to  the  disintegration  of 
the  national  bond.  The  Jews,  on  the  other  hand,  in 
spite  of  political  annihilation  and  wide  dispersion 
through  military  force,  grew  more  and  more  pro- 
nounced in  their  ethical  traits. 


THS  SOURCES  OF  JEWISH  ETHICS   99 

knowledge  to  children  and  spread  it  among 
adults.  Here  it  suffices  to  refer  to  the  Tal- 
mudic  interpretation  of  the  "  anointed  "  (in 
Ps.  105:  15)  as  the  "school-children,"  who 
"  may  not  be  disturbed  even  for  the  rebuild- 
ing of  the  Temple  "  ' — surely  an  undertak- 
ing sacred  to  the  Jew.  Mothers  are  ex- 
empt from  most  of  the  duties  of  the  cere- 
monial law,  because  they  have  done  enough 
when  they  have  "  seen  to  it  that  their 
children  go  to  school." 

The  esteem  in  which  the  Rabbis  held 
knowledge  was  based  upon  a  threefold  rea- 
son :  Knowledge  is  considered  the  highest 
and  purest  element  of  bliss,  an  element,  too, 
that  can  be  enjoyed  in  this  world;  more- 
over, it  is  the  source  of  refined,  unshakable 
convictions;  and  finally,  it  is  therefore  in 
itself  an  important  feature  of  man's  ethical 
task — the  ethical  pursuit  pre-eminently 
worthy  of  man's  intellectual  powers. 

§71.  Here  it  is  proper  to  advert  to  a  cir- 

1  Sabbath  ngb.     See  Appendix -No.  15,  p.  280. 


IOO  THE  ETHICS  OF  JUDAISM 

Moral  instruction  cumstatice  of  extreme  importance,  namely, 

the  centre  of  the 

studyareMwa  tnat   tne  sPrea(l   °f  moral   knowledge  was 
pursearch  the  early  brought  into  immediate  connection 

climax  of  divine        _  %    \ 

worship,  with  the  divine  service;  indeed,  it  was  made 
its  central  point  after  the  destruction  of  the 
Temple,  and  so  it  remains  to  the  present 
day.  Again,  this  Jewish  characteristic  de- 
pends intimately  upon  the  fact  that  study, 
the  pursuit  of  knowledge  and  science,  was 
regarded  in  early  times,  and  in  the  course 
of  time  more  and  more,  not  merely  as  a 
moral  duty,  but  as  the  loftiest  religious 
practice.1 

Ezra  and       §72.  Two  other  significant  facts  must  be 

Socrates. .  The 

sophists  and  the  noted  in  connection  with  the  foregoing. 

"  Men  of  the  °  & 

biy."  resubjectw-       In  the  year  444  before  the  Christian  era, 

ity  proscribed  t        r  t  r     1  1  i      t-s 

ambng  the  Jews,  on  the  first  day  ot  the  seventh  month,  Ezra, 
on  his  return  from  Babylonia,  for  the  first 
time  after  long  interruption,  read  from  the 
book  of  the  Law  to  a  great  assemblage  of 

1  It  is  a  psychologic  fact  readily  understood  that 
the  religious  valuation  put  upon  study  could  not  but 
exert  an  elevating  and  strengthening  influence  upon 
its  subject-matter. 


THE  SO  UR  CES  OF  JE  WISH  E  THICS    I O I 

people  gathered  before  the  Water  Gate  in 
Jerusalem.  At  about  the  same  time,  the 
Athenian  state  under  Pericles  as  well  as  the 
culture  of  the  Greeks  had  reached  their 
zenith.  In  Greece  Socrates  was  demand- 
ing consideration  of  primary  ethical  prin- 
ciples and  their  definition,  while  Ezra  in 
Judea  was  simply  reading  the  moral  law  to 
the  people  and  having  it  expounded  to 
them  (Neh.  8:2  scq.,  especially  v.  8).  In 
the  former  country  illumination  was 
sought;  in  the  latter,  confirmation.  The 
moral  purity  of  the  ethics  of  Socrates,  the 
nobility  and  elevation  of  Plato's  system,  are 
beyond  cavil.  But  the  fine  aspirations  of 
Socrates  and  his  disciples  and  successors 
were  nullified  by  the  Sophists.  They 
brought  about  the  disintegration  of  the 
ethical  consciousness  of  the  nation.  Ezra's 
successors  were  the  "  Men  of  the  Great 
Assembly,"  '  who  effected  the  preservation 

1  The  historical  reports  concerning  the  "  Men  of 
the  Great  Assembly  "  are  inadequate,  and  produce 


102  THE  ETHICS  OF  JUDAISM 

and  development  of  the  moral  law  in  the 
spirit  of  the  Prophets.  The  magnitude 
and  seriousness  of  the  contrast  cannot  be 
overestimated.  Among  the  Jews  there 
never  was — not  even  in  the  most  wretched 
of  times — a  confused,  degenerate  science  of 
ethics  such  as  the  Sophists  produced  in 
Greece. 

Destructive  subjectivity  was  raised  to  the 
position  of  a  scientific  principle  among  the 
Greeks.  The  Jewish  historian,  on  the  other 
hand,  damns  a  period  of  basest  corruption 
by  characterizing  it  as  subjective.  To 
paint  the  decay  of  morals  he  does  not  tell 
in  detail  of  vile  deeds;  he  simply  says: 
"  Every  man  did  that  which  seemed  right 
in  his  own  eyes."  '  In  actual  practice  pos- 
sibly, the  disparity  between  knowledge  and 

contradiction  rather  than  agreement  among  his- 
torians. (Comp.  A.  Kuenen,  Gesammelte  Abhandlun- 
gen  zur  biblischen  IVissenschaft.  German  tr.  by  K. 
Budde,  1894.  Lecture  4.)  But  whoever  and  what- 
ever these  men  may  have  been,  the  achievements 
ascribed  to  them  in  the  text  are  beyond  doubt. 
1  Judg.  17:  6;  21:  25. 


THE  SO  UR CES  OF  JE  WISH  E  THICS    1 03 

deed,  the  proportion  of  cases  of  fulfilment 
of  the  law  to  those  of  violation,  may  some- 
times have  been  the  same  in  Jerusalem  as 
at  Athens.  In  point  of  fact,  the  subject- 
ivity of  the  Jews  is  occasionally  a  promi- 
nent feature.  Often  enough  they  have  suf- 
fered misfortune  and  ruin  through  its  pro- 
geny— factionalism,  stubbornness,  self-will, 
individualism,  insubordination.1  But  at 
least  subjectivity  was  never  exalted  to  the 
dignity  of  a  theory.  Caprice  was  always 
under  the  ban. 

§73.  Another  feature  characteristic  of  the  Ethical  cohesion. 

Ethical  con- 
ethical  consciousness  of  the   Tews  asserted  sciousness  of  a 

J  social-ethical 

itself  with  wholesome  results,  especially  in  na  ure' 
later  times  of  severe  trials.  To  the  present 
day  its  influence  is  marked.  Like  all 
minorities,  particularly  persecuted  minori- 
ties, the  Jews  developed  ethical  cohesion, 
a  feeling  of  mutual  responsibility,  to  a  great 
degree.     The  thought,  which,  as  we  shall 

1  Comp.  Sabbath   ii9b  and  other  passages  on  the 
ethical  reason  for  the  destruction  of  Jerusalem. 


104  THE  ETHICS  OF  JUDAISM 

see  further  on,  lies  at  the  substructure  of 
our  oldest  legislation,  that  all  ethics,  by 
reason  of  its  primary  impelling  force  and  its 
highest  aim,  is  social  ethics,  more  and  more 
gained  ground  in  actual  life. 

When  all  are  equally  exposed  to  calum- 
nious accusations  (bn^2) — a  threatening 
cloud,  no  one,  not  even  the  enemy,  know- 
ing where  the  bolt  will  strike — the  ethical 
consciousness  develops  quickly  and  vigor- 
ously. Thence  arises  a  characteristic  eth- 
ical trait  of  the  national  consciousness;  a 
grave  error,  a  crime,  though  committed 
by  an  individual,  is  felt  with  remorse  and 
penitence  as  a  "  sin  of  the  congregation." 
The  moral  dignity  of  the  community  seems 
to  every  member  to  have  suffered  diminu- 
tion through  it.2 

1  A  Ntin  in  the  n^TIp-    See  Appendix  No.  19,  p.  286. 

2  The  German  nation,  horrified  by  the  two  at- 
tempts in  the  "  seventies  "  to  assassinate  Emperor 
William  I,  underwent  a  similar  spiritual  experience, 
which  was  intensified  by  the  love  generally  felt  for 
the  noble  monarch  and  by  patriotic  despair  on  ac- 
count of  impending  degeneration. 


THE  SOURCES  OF  JEWISH  ETHICS   1 05 

§74.  These,  then,  are  my  reasons  for  be-  The  author's 

declaration 

lieving  that,  beside  and  above  all  literary  gJU^jJ*  0t 

.1         i-     •  I-.-  1  ,1       Jewish  ethics. 

sources,  the  living,  traditional,  constantly 
growing  spirit  of  the  whole  Jewish  race  may 
and  must  be  considered  the  fount  of  in- 
struction upon  the  ethics  of  Judaism.  It  is 
patent,  that  to  use  it  as  such  the  systema- 
tizer  of  Jewish  ethics  must  merge  himself, 
in  love  and  devotion,  into  the  spirit  of  his 
people,  and  firmly  and  with  open  eyes 
must  renounce  every  desire  to  introduce 
alien  or  original  thoughts.  Yet  the  most 
self-sacrificing,  exclusive  attention  to  the 
given  material  will  not  wipe  out  the  per- 
sonal equation — will  not  prevent  the  intru- 
sion of  a  certain  measure  of  individuality. 
And,  in  fact,  as  I  have  .shown,  the  spirit  of 
the  Rabbis  grants  some  freedom  to  the 
peremptory  subjective  impulse. 

As  for  myself,  at  the  end  of  this  chapter 
on  the  sources  available  for  a  statement 
of  Jewish  ethics,  I  declare,  before  God  and 
man,  that  I  will  not  advance  a  thought  in 


106  THE  ETHICS  OF  JUDAISM 

this  work  which  I  do  not  conscientiously 
believe  was  born  of  the  spirit  of  Judaism.1 
Whatever  the  Greeks,  and  the  Romans,  and 
the  philosophic  and  general  literature  of 
modern  nations  have  taught  me,  may  as- 
sert itself  in  my  presentation  as  a  shaping 
force.  The  subject-matter  I  have  drawn, 
to  the  best  of  my  knowledge  and  belief, 
solely  from  Judaism  and  the  Jewish  spirit. 

1  Foreign  ideas,  agreeing  with  or  differing  from 
Jewish  ideas,  I  shall  always  designate  as  such,  and 
trace  to  their  origin. 


CHAPTER  II 
The  Principle  of  Jewish  Ethics 
§75.  The  Rabbinical  world  experienced  Research  among 

the  Rabbis 

no  real  need  of  a  theoretic  justification  of  directed  towards 

J  the  idea  of  the 

ethics  (see  §61).  The  main  incentive  was  good- 
lacking,  namely,  doubt  of  the  authority  of 
the  moral  law.  Outside  of  the  academies, 
it  is  true,  covetousness,  love  of  pleasure, 
greed  of  power,  self-will,  egotism,  often 
enough  rebelled  against  the  requirements 
of  morality.  Prophets  and  Rabbis,  there- 
fore, had  frequent  occasion  and  reason  to 
address  themselves  to  the  conscience  of 
their  hearers,  to  fortify  the  morally  ener- 
vated, and  scourge  the  refractory.  But 
when  low  ideals  triumphed,  it  was  due  to 
a  weak  or  a  bad  will.  The  law  had  not 
been  gainsaid  by  critical  reason,  it  had  been 
denied  in  acts.  In  other  words,  the  idea 
of  the  good  was  not  repudiated  theoreti- 
cally, but  violated  in  practice. 


I08  THE  ETHICS  OE  JUDAISM 


Within  the  academies,  among  the  repre- 
sentatives and  wardens  of  moral  truth,  vio- 
lation of  the  ideal  law  was  considered  im- 
moral, reprehensible  alike  on  the  part  of 
communities  and  individuals,  whether  great 
or  insignificant.  Uncompromising  censure 
of  every  immoral  act  was  visited  even  upon 
historical  personages  of  highest  deserts  and 
widest  repute. 

Yet,  although  the  theoretic  recognition 
of  the  idea  of  the  good  and  of  the  moral  law 
flowing  from  it  was  unassailable,  and  there 
was  no  occasion  to  array  positive  argu- 
ments against  doubt,  the  eager,  investigat- 
ing spirit  of  the  Rabbis  constantly  busied 
itself  with  the  ultimate  cause  of  morality, 
or  the  idea  of  the  good. 

Two  thoughts  regarding  the  cognition 
of  morality  completely  occupied  the  mind 
of  the  Rabbis. 
Perfect  under-      §76.  On  the  one  hand,  the  Rabbis  held 

standing  of  it  is  "    . 

bliss  and  man's  that  man  s  highest  happiness  is  assured  by 

moral  task.  oil  J 

a   perception   of   the   innermost   reason   of 


PR  INC T PL  E  OF  JE  WISH  E  THICS     1 09 

morality  and  the  ultimate  sources  of  the 
good;  by  a  realization  of  their  paramount 
value  and  sacred  dignity;  by  an  apprecia- 
tion of  their  sublimity  as  the  only  revela- 
tion of  a  world-purpose.  On  the  other 
hand,  they  held  it  an  essential  part  of  man's 
moral  task  to  lose  himself,  heart  and  soul, 
in  the  contemplation  of  the  ultimate  reason 
of  morality,  to  drink  deep  of  the  waters 
issuing  from  its  sources,  to  promote  and 
secure  the  sway  of  a  purified  moral  doctrine 
over  wider  circles.  It  will  not  do  merely 
to  follow  the  rigid  letter  of  the  law,  to  rest 
satisfied  with  tradition  as  it  stands.  Men 
should  be  "  inventive  in  the  execution  of 
the  law  "  (rmvon  d-dtii;) — they  should  seize, 
with  acumen  and  penetration,  with  delicacy 
and  vivacity,  upon  the  essence  of  all  that  is 
good,  and  use  the  idea  to  guide  and  refine 
the  fulness  of  life.1 

§77.  In  its  origin  Jewish  ethics  is  theo-  Jewish  ethics 

originally  theo- 

logic.     For  the    Jewish   mind   the   theistic  ]°gic:  God  the 

0  J  lawgiver. 

1  See  Appendix  No.  20,  p.  287. 


I  10  THE  ETHICS  OF  JUDAISM 

reason  looms  up  in  the  foreground  of  all 
speculation  upon  morality.  The  whole 
Jewish  conception  of  life  is  as  little  think- 
able without  God  as  our  physical  world 
without  the  sun. 

Within  Judaism  the  essence  of  morality 
has  never  been  considered  other  than  a 
divine  emanation,  the  expression  of  a  divine 
law,  the  fulfilment  of  a  divine  command. 
For  man's  will  and  conduct  there  are  stand- 
ards, that  is,  moral  laws  to  be  obeyed,  and 
God  is  the  lawgiver.  Judaism  regards 
what  is  morally  good  and  what  is  pleasing 
to  God,  moral  law  and  divine  regulation, 
as  inseparable  concepts, 
stability  of  the       §78.  In    practice    this    reference    of    all 

law  follows. 

moral  laws  to  God  as  the  source  of  their 
enactment  has  had  a  highly  significant  de- 
velopment, differentiating  the  life  of  the 
Jews  radically  from  that  of  other  peoples. 
Legislation  among  the  Jews  does  not  ema- 
nate from  an  earthly  authority.  Neither 
deliberation,  nor  resolution,  nor  the  will  of 


PRINCIPLE  OF  JE  WISH  E  THICS     1 1 1 

one  man  or  of  many  was  the  originator  of  a 
law.  King,  prophei,  and  priest  could  not 
create  laws  nor  annul  those  in  force.  Not 
even  the  Great  Assembly  or  the  Sanhedrin 
could  do  it.1 

If  changed  circumstances  demanded  pe- 
culiar ordinances,  or  an  extension  or  relaxa- 
tion of  the  old  ones,  or  new  regulations, 
they  (ni3?n)  were  decreed  on  the  basis  of 
the  old  laws,  in  harmony  with  and  as  an 
emanation  from  them.     (Comp.  §§52  and 

540 

§79.  What  is  morally  good  and  what  is  Divine  command 

because  moral 

pleasing  to  God,  moral  law  and  divine  regu-  law- 
lation,  we  called  inseparable  concepts — in- 
separable, mark  you,  not  identical. 

An  investigation  of  the  essence  and  basis 
of  the  moral  law  reveals  that  Judaism 
everywhere  clearly  advances  the  thought, 
that  not  because  God  has  ordained  it  is  a 

1  Proofs  are  superfluous;  however,  see  Megillah 
I4a.  Also  I  take  pleasure  in  referring  to  Dollinger, 
Heidenthum  und  Judenthum,  p.  779  seq. 


112  THE  ETHfCS  OF  JUDAISM 

law  moral,  but  because  it  is  moral,  there- 
fore has  God  ordained  it.  Not  by  divine 
command  does  the  moral  become  law,  but 
because  its  content  is  moral,  and  it  would 
necessarily,  even  without  an  ordinance, 
become  law,  therefore  it  is  enjoined  by 
God. 
The  moral  law       §80.   In  the  oldest  version   of  the  laws, 

not  the  will  and 

command  of  dating  from   a   time  when    conscious,   ab- 

Ood,  but  an  & 

from his*  being"  stract  consideration  of  the  content  and  es- 
sence of  the  moral  law,  of  its  purport  and 
basis,  was  out  of  the  question,  the  thought 
appears  with  unmistakable  clearness:  the 
moral  law  does  not  exist  by  virtue  of  a 
divine  act  or  an  authoritative  fiat;  it  flows 
from  the  essence  of  God's  being,  from  his 
absolute  and  infinite  moral  nature.  There- 
fore the  fundamental  law,  "  you  shall  be 
holy,"  which  sums  up  all  morality  in  one 
comprehensive  expression,  does  not  con- 
tinue with  "  for  I  so  will  it,"  nor  with  "  for 
I  so  command";  it  reads,  "You  shall  be 
holy,  for  I  am  holy,"  and  other  moral  laws 


PRINCIPLE  OF  JEWISH  ETHICS     1 1 3 

close  simply  with  the  declaration,  "  I  am 
God  "  ('n  v)*0- 

§81.  The  same  thought  runs  through  the  God's  nature  the 

rule  and  reason 

whole  of  Rabbinic  literature.  The  Divine  LitaSto  God 
Being  and  therefore  the  knowledge  of  his 
moral  attributes,  combined  with  the  en- 
deavor to  emulate  them  in  man's  finite  way, 
constitute  at  once  the  rule  and  the  reason 
of  morality:  "  Because  I  am  merciful,  thou 
shalt  be  merciful;  as  I  am  gracious,  thou 
shalt  be  gracious,  etc."  ('idi  mm  ^x  no).1 

In  a  word,  the  fundamental  doctrine  of 
Judaism  reads :  Because  the  moral  is  divine, 
therefore  you  shall  be  moral,  and  because 

1  There  is  absolutely  no  doubt  in  my  mind  that 
^S  HD  is  meant  to  express  both  "  as  I  am  "  and 
"  because  I  am."  Strictly,  the  meaning  "  as  I  am  " 
for  "OK  riD  is  an  impossibility;  man  can  approach 
the  divine  pattern,  but  he  can  never  be  equal  to  it. 
The  reason  underlying  the  moral,  however,  can  and 
should  be  the  same  for  man  as  for  God.  As  God 
can  have  no  reason  for  morality  but  the  nature  of 
the  moral,  so  there  shall  be  no  other  for  man.  It 
is  unnecessary  to  cite  passages;  the  expression  re- 
curs again  and  again  in  Talmud,  Midrash,  every- 
where. 


114  THE  ETHICS  OF  JUDAISM 

the  divine  is  moral,  you  shall  become  like 
unto  God.  It  may  be  said  that  the  highest 
form  and  ultimate  purpose  of  human  life 
is  likeness  to  God,  and  the  ethical  ideals 
are  conceived  as  attributes  of  God,  in  whose 
image  man  was  created,  and  whose  copy 
and  image  it  is  man's  task  to  strive  to  be- 
come. 
Ethical  ideals       §82.  The  Bible  does  not  expound,  and 

presented  as 

divine  attri-  the  Rabbis  do  not  inculcate,  metaphysical 

butes,  to  serve 

89 toyman?  notions  or  dogmatic  teachings  concerning 
the  divine  nature,  for  the  purpose  of  de- 
ducing the  legislative  authority  of  God.' 
Man's  duty  of  obedience  is  based  neither 
upon  God's  omnipresence,  nor  his  omni- 
potence,   nor   even   his   supreme   wisdom.2 

1  On  principle,  metaphysics  and  mystical  specula- 
tion were  confined  to  the  most  intimate  circles 
(Chagigah  nb,  and  elsewhere). 

2  Proverbs,  especially  chapters  1  and  8,  seems  to 
be  an  attempt  in  this  direction,  made  in  the  time  of 
Hezekiah.  The  Prophets  do  not  continue  the  train 
of  thought,  and  the  only  other  passages  that  can 
possibly  be  made  to  bear  upon  it  are  the  chapters 
in  Job  indicating  the  peripetia. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 1 5 

The  ethical  ideals  are  presented  as  attri- 
butes of  God,  and  for  the  sake  of  their 
realization  man  is  called  upon  to  strive  to 
become  like  unto  God.  When  the  "  glory 
of  God  "  is  made  manifest  to  Moses,  only 
moral  attributes  are  enumerated  (Exod. 
34:6),  and  in  the  well-known  verse  from 
Jeremiah,  we  have  a  clear  statement  of  what 
man  can  and  should  know  concerning  God : 
"  Let  not  the  wise  man  glory  in  his  wisdom, 
neither  let  the  mighty  man  glory  in  his 
might,  let  not  the  rich  man  glory  in  his 
riches;  but  let  him  that  glorieth  glory  in 
this,  that  he  understandeth  and  knoweth 
me,  that  I  am  the  Lord  which  exercise  lov- 
ing-kindness, judgment,  and  righteousness 
in  the  earth  "'  (Jer.  9 :  22.,  23). 

§83.  This,  then,  is  the  relation  between  Relation  between 

divine  law  and 

divine  lav/  and  human  ethics:     God  is  the  human  ethics, 
lawgiver,  but  he  did  not  promulgate  the 
law  as  his  pleasure  or  as  an  arbitrary  or 
despotic  command;  and  man  is  not  to  obey 
it  as  such.     It  is  law  for  man,  because  he 


1 1 6  THE  E  THICS  OF  JUDA  ISM 

recognizes  in  God  the  prototype  of  all  mo- 
rality, because  God  is  the  creative  force 
back  of  the  moral  order  and  moral  purpose 
of  the  world.  Moral  law,  then,  is  based,  not 
upon  some  dogmatic  conception  of  God, 
but  upon  the  idea  of  his  morality,  that  is, 
upon  the  essential  nature  of  morality.  Not 
God  the  master,  but  God  the  ideal  of  all 
morality  is  the  fountain-head  of  man's 
moral  doctrine. 
The  objective,       §84.  As    a    philosopher,    a    teacher    of 

impersonal 

cbaracterof  ethics,  does  not  consider  himself  the  law- 

morality.     Idea 

and  person.  gjver.  as  ]-,{s  desires  and  inclinations  exer- 
cise no  influence,  and  are  meant  to  exercise 
none ;  as  the  genius  of  morality,  or  the  idea 
of  the  good,  working,  as  it  were,  through 
his  person,  dictates  the  substance  of  his 
teaching;  as  the  moral  idea  of  necessity 
shapes  itself  thus  and  so  and  not  otherwise 
within  him;  as  the  principle  underlying  mo- 
rality, whose  bidding  the  will  has  but  to  do, 
assumes  form  in  his  mind;  so  in  Judaism 
the  majesty  of  the  law  produced  the  law. 


PRINCIPLE  OF  JE  WISH  E THICS     1 1 7 

"  This  is  your  wisdom  and  your  under- 
standing," says  Deuteronomy  (4 : 6)  with 
reference  to  the  law.  When  Kant  calls  the 
force  that  decrees,  teaches,  makes  demands, 
by  the  term  "  practical  reason,"  he  but  uses 
another  expression  for  morality.  Call  it 
law,  principle,  idea,  what  you  will,  it  is 
always  an  objective  norm,  in  no  wise  de- 
pendent upon  the  pleasure  of  man,  but  con- 
straining him  as  he  knows  himself  to  be 
constrained  by  the  laws  of  logic  when  he 
thinks,  by  the  laws  of  mathematics  when  he 
computes.  The  all-important  considera- 
tion is  the  absolutely  impersonal  character 
of  the  moral  idea.  This  thought  was  strik- 
ingly expressed  in  early  times  by  Rabbi 
Jochanan :  "  The  words  of  the  law  are  fully 
established  by  him  who  considers  himself 
naught  as  compared  with  them  "  * — that  is, 
by  one  in  whom  objective  truth  has  become 
subjective  and  living,  who  has  identified  the 
idea  with  his  person.2 

1  Sotah  2ib.  2  See  Appendix  No.  21,  p.  288. 


1 I 8  THE  E  THICS  OF  JUDA  ISM 

Relation  of  ethics      §85.  This  view  of  the  relation  of  human 

to  the  Sinaitic 

la andlfter  its  ethics  to  divine  law  can  be  deduced  from 
promugation.  ^^  Rabbinical  utterances  upon  its  relation 
to  the  Sinaitic  law  before,  at,  and  after  its 
revelation. 

Morality  was  not  created  by  the  Sinaitic 
code;  it  springs  from  its  own  and  from 
man's  peculiar  nature.  It  could  therefore 
be  said,  as  it  was,  that  "  Abraham  observed 
all  moral  laws."  '  Reason  was  the  source 
of  his  ethical  instruction.  The  Talmud 
distinguishes  accurately  between  laws  of 
reason,  that  is,  laws  independent  of  legis- 
lation, and  formal,  ritual  ordinances,  laws 
by  virtue  of  their  institution  as  such.  It 
says  with  reference  to  Leviticus  18:4  seq.: 
"  My  judgments,  that  is,  precepts — if  they 
had  not  been  laid  down  in  Holy  Scriptures, 
law  (pi),  or  practical  reason,  would  have 
demanded  that  they  be  put  into  writing; 
ordinances,  however,  rest  upon  institu- 
tion."      The  examples  cited  in  connection 

1  Last  Mishnah  in  Kiddushin.  2  Yoma  67*. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 1 9 

with  this  passage  permit  no  doubt  as  to  the 
antithesis  intended.  "  Judgments "  are  . 
illustrated  by  the  laws  of  chastity,  laws 
against  bloodshed,  robbery,  etc. ;  "  ordi- 
nances," by  the  prohibitions  against  eating 
swine's  flesh,  mixing  divers  fabrics,  etc. 

Moral  laws,  then,  are  not  laws  because 
they  are  written;  they  are  written  because 
they  are  laws. 

§86.  Therefore,  free  moral   convictions,  Free  moral  con- 
victions rated 

not  founded  upon  the  authority  and  the  act  JgJ^  t5^^e" 
of  revelation,  are  ranked  above  obedience  t0  aut  on  y' 
to  this  authority.  R.  Simon  ben  Lakish 
taught :  "  The  stranger  who  accepts  the 
law  of  his  own  free  will  stands  higher  in 
the  eyes  of  God  than  the  hosts  of  the  chil- 
dren of  Israel  that  surrounded  Mount  Sinai. 
They  saw  the  lightning,  and  heard  the 
thunder,  the  Shofar,  and  the  divine  voice, 
else,  perhaps,  they  would  not  have  assumed 
the  yoke  of  the  divine  order  (onst?  niD^D  b)v). 
The  stranger  heard  naught  of  all  this,  yet, 
of  his  own  impulse,  he  seeks  to  live  in  har- 


120  THE  ETHICS  OF  JUDAISM 

mony  with  God — vbv  t?2,-pi  n"2prb  W3SB  D^O 
DW  nn'pn  b)V — and  submits  to  the  moral 
order  of   the    universe.      Who    can   stand 
higher"?1 
The  content  of      §87.  It  is  in  consonance  with  this  that  in 

the  law  has 

nenee^thf  St'  the  Talmucl  and  the  Midrash  the  authority 
everj^ge  to'  of  the  teacher  is  in  various  ways  represented 

obey  reason  and  .  .  . 

pass  over  and  as  a  circumstance  of  small  importance  in 

beyond  written 

laws,  comparison  with  the  significance  and  com- 
pelling force  of  the  content  of  the  law. 
Take,  for  instance,  the  principle  that  the 
dictum  of  the  humblest,  if  it  contains  truth, 
is  to  be  esteemed  equal  to  the  words  of  the 
great  and  even  of  the  Most  High :  "  What 
one  has  heard  from  a  man  of  low  estate 
should  be  looked  upon  as  equal  to  what 
one  has  heard  from  a  sage,  from  the  Sanhe- 
drin,  from  Moses,  ay,  from  the  mouth  of 
the  Most  High."  2  Of  still  greater  import- 
ance is  the  thought  (touched  upon  in  §52), 
recurring  again  and  again  in  Talmudic  lit- 
erature, that  every  age  is  justified  in  disre- 

1  Tanchuma  Lckh  Lckha.        '  Sifre  Dcbarim,   §41. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 2 1 

garding,  more,  is  in  duty  bound  to  disre- 
gard, the  written  law  whenever  reason 
and  conviction  demand  its  nullification.1 
"  Come,"  said  R.  Jacob  ben  R.  Chaninah 
to  R.  Jehudah,  "  let  us  investigate  the  laws 
again  and  again  that  no  rust  (mi^n)  may 
gather  upon  them."  2 

§88.  Deep  ethical  wisdom  lies  in  the  Rab-  Man's  moral 

nature  mani- 

binical  view,  that  though  man's  moral  char-  fes^  bef?re 

°  volition,  in 

acter,  based  on  liberty  of  action,  appears  0fetheCgoodUon 
only  in  his  desires  and  acts,  his  moral  nature 
is  revealed,  before  the  exercise  of  choice 
and  volition,  in  the  perception  and  acknowl- 
edgment of  the  good.  Volition,  then, 
forms  a  second  distinct  step  in  moral  activ- 
ity." This  thought  finds  early  and  striking 
expression    in    the    Biblical    words    (Deut. 

1  Rosh  ha-Shanah  2 :  g. 

2  Sifre  Debarim,  §306.  See  Appendix  No.  22,  p. 
288. 

3  See  Debarim  Rabbah,  ch.  4:  "\2)  T\V  tib)  "On  '"I  ")DN- 
Even  Hirsch  Fassel,  a  strictly  orthodox  Rabbi  of 
our  century,  mentions  not  God  but  "  reason  as  the 
binding  power  in  morality,  because  even  a  divine 
injunction  must  often  be  disregarded." 


122  THE  ETHICS  OF  JUDAISM 

30:11-14)  which  teach  that  man  need  not 
exert  himself  to  obtain  knowledge  of  the 
law  (from  heaven  or  from  beyond  the  sea), 
for  it  is  to  be  found  very  nigh  to  him,  in 
his  mouth  and  in  his  heart.  In  Kantian 
phrase,  the  moral  law  is  autonomous,  not 
heteronomous. 
independence  of      §89.   In  Judaism,  then,  and  more  particu- 

the  ethical  idea  y  J  r 

log^character!  ^avh  *n  tne  Rabbinic  cycle  of  ideas,  every 
moral  injunction  is  looked  upon  as  being 
at  the  same  time  a  religious  requirement. 
Man's  destiny  is  sought  in  his  relation  to 
God,  its  goal  being  likeness  to  God  and  the 
means  of  reaching  it  being  obedience  and 
willing  devotion  to  him,  the  prototype  and 
fountain-head  of  all  morality.  Yet  the  inti- 
mate connection  with  religion  does  not  an- 
nul the  independence  of  the  ethical  idea. 
The  reference  to  God  is  made,  not  to  estab- 
lish, but  to  urge  the  claims  of  the  moral. 

This  Rabbinic  thought  is  expressed  with 
astonishing  clearness  in  the  saying:  "All 
commands  left  to  the  human  heart  " — that 


PRINCIPLE  OF  JE  WISH  E  THICS     1 2  3 

is,  to  ethical  research  and  conviction — "  are 
accompanied  in  the  Scriptures  by  the 
words,  '  Thou  shalt  fear  God.'  "  * 

§90.   Kant's    fundamental    principle    has  The  autonomy  of 

morality  and 

met  with  general  recognition.  The  ethical  Jewish  ethics- 
writers,  not  alone  of  Germany,  but  of  the 
civilized  world,  concur  in  the  statement  that 
the  moral  spirit  is  autonomous,  that  is, 
must  bear  the  source  of  law  within  itself, 
and  be  independent  of  legislation  and  every 
sort  of  outside  dictation.  It  is,  therefore, 
incumbent  upon  us  to  examine  and  state 
more  in  detail  the  relation  of  the  ethics 
of  Judaism  to  Kant's  principle,  the  more 
so  as  critics  are  not  lacking,  who,  in 
the  light  of  Kant's  principle,  presume  to 
fasten  a  stigma  upon  Jewish  ethics,  be- 
cause it  was  originally  based  on  theistic 
grounds. 

§91.   Investigators  of  the  first  rank  have  Pertinent  quota- 
tions from 

paid  the  highest  tribute  to  this  feature  of  ^^k^b«„ 
the  ethics  of  Judaism.     For  instance,  Her- 

1  Baba  Mezia  58b.     See  Appendix  No.  23,  p.  291. 


124  THE  ETHICS  OF  JUDAISM 


mann  Lotze,  in  instituting  a  comparison, 
on  historical  and  psychologic  lines,  among 
all  the  peoples  of  antiquity,  praises  the 
Jewish  conception  of  life  as  the  first  in 
which  consideration  of  the  moral  is  the  vital 
centre,  and  morality  alone  is  regarded  as  a 
rational  world-purpose.1  Karl  Kostlin,' 
in  speaking  of  the  "  tendency  of  morality," 
under  which  he  includes  the  whole  ethical 
system  established  by  Christianity,  says: 
"  Proceeding  from  the  Israelitish  religion, 
the  first  and  only  one  to  give  a  true  idea 
of  the  moral  law  and  assign  to  it  the  place 

1  See  Mikrokosmus,  vol.  in,  p.  147.  [Microcosmus: 
an  Essay  concerning  Man  and  his  Relation  to  the 
World.  Translated  from  the  German  by  Elizabeth 
Hamilton  and  E.  E.  Constance  Jones,  vol.  11,  p.  268; 
pp.  466-468.] 

2  Lotze  was  a  philosopher,  but  Kostlin  is  a  pro- 
fessor of  Protestant  theology  and  of  philosophy,  a 
circumstance  of  peculiar  force  in  favor  of  his  judg- 
ment of  the  ethics  of  Judaism.  I  follow  up  my 
Protestant  authority  with  a  Catholic  writer,  Jacob 
Joseph  von  Gorres,  who  acquired  widespread  fame 
by  reason  of  his  versatility  and  broad  culture,  and 
particularly  his  knowledge  of  the  antique  world. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 2  5 

of  supreme  importance,  Christianity  main- 
tained," etc.1 

Gorres  considers  as  the  characteristic, 
distinguishing  feature  of  the  Mosaic  view, 
that  it  "  guards  the  divine  against  the  arro- 
gance of  probing  reason,  and,  chaste  and 
continent  as  it  is,  equally  forbids  its  de- 
filement by  sensual  imagination  run  riot. 
It  lets  its  pure,  undimmed  ray  appear  re- 
fracted in  the  ethical  alone,  as  an  exalted 
vision,  a  great  threatening  and  blessing 
meteor."  2 

Finally,  Bahr  says :  "  The  Mosaic  reli- 
gion, from  first  to  last,  is  ethical,  addresses 
itself  exclusively  to  the  will  of  man,  and 
regards  him  as  a  moral  being."  3 

§92.   Eduard    von    Hartmann,     on    the  Eduard  von  Hart- 

mann's  criticism 

other  hand,   rejects  every  sort  of  theistic  of  theistic  morality. 

1  Geschichte  der  Ethik.  Darstelhing  der  philosophischen 
Moral-  Staats-  und  Socialthcoricn  dcs  Altcrthums  und 
der  Ncuccit.  Vol.  1,  Die  Ethik  des  classischen  Alter- 
tlutms,  p.  114. 

2  Mythengcschichtc.  vol.  11,  p.  507. 

3  Sytnbolik  des  mosaischen  Cultus,  vol.  1,  p.  57. 


126  THE  ETHICS  OF  JUDAISM 

morality,  and  reproaches  it  with  necessarily 
exerting  an  immoral  influence.  The  re- 
proach grows  out  of  a  purely  formalistic 
mode  of  thought.  To  show  the  fallacy,  I 
transcribe  in  full  what  he  says  upon  the  sub- 
ject :  "  So  long  as  I  believe  in  a  theistic 
God,  who  created  me  and  the  world,  and  to 
whom  I  stand  in  the  relation  of  a  vessel  to 
the  potter,  I  am  as  naught  compared  with 
him,  a  potsherd  in  his  hand,  and  my  moral- 
ity cannot  go  beyond  narrow,  blind  sub- 
jection to  the  omnipotent,  sacred  will  of 
this  transcendental  God.  In  other  words, 
in  these  circumstances  my  morality  depends 
upon  a  command  imposed  from  without, 
that  is,  it  is  perforce  heteronomous  moral- 
ity. But  genuine  morality  begins  with 
moral  autonomy.  However  valuable  heter- 
onomous morality  may  be  pedagogically  in 
the  training  of  minors,  it  becomes  the  an- 
tagonist of  the  only  true  morality  if  expli- 
citly substituted  for  the  latter.  Now,  as 
theism  may   not   suffer  a  moral   principle 


PRINCIPLE  OF  JE  WISH  E  THICS     1 27 

above  or  beside  the  Divine  Being,  theistic 
morality  must  necessarily  act  as  an  immoral 
influence  with  all  individuals  of  sufficient 
cultivation  to  have  attained  the  intellectual 
maturity  presupposed  by  moral  autonomy. 
Certainly  the  modern  man  has  reached  the 
point  at  which  he  consciously  holds,  that 
acts  which  are  merely  the  docile  execution 
of  an  extraneous  will  can  never  lay  claim 
to  moral  value  in  the  true  sense  of  the  word. 
Moral  validity  begins  with  self-determina- 
tion laying  down  its  own  law."  ' 

§93.  Von  Hartmann  confounds  the  au-  a  refutation, 
tonomy  and  heteronomy  of  the  moral  man 
with  the  autonomy  and  heteronomy  of  mo- 
rality itself.  The  latter  is  the  vital  point. 
Else  the  autonomy  of  morality  were  a  pre- 
tence or  a  wholly  unjustified  exaggeration. 
Even  perfectly  autonomous  morality  cannot 
be  said  to  create  the  moral  law,  to  produce  it 
freely,  not  to  say  arbitrarily.  It  finds  the  law 
within  itself,  and  submits  to  it  as  to  an  inner, 

1  See  Selbstsersetzung  des  Christenthums,  p.  29. 


1 28  THE  E THICS  OF  JUDA ISM 

compelling  necessity.  The  moral  law  is,  in 
short,  a  categorical  imperative,  and  the  cat- 
egorical has  its  basis,  not  in  the  lawgiver, 
but  in  the  significance  and  dignity  of  the 
law  itself.  The  true  meaning  of  the  auton- 
omy of  the  moral  law  is  not  that  man  gives 
it  to  himself,  but  that  the  moral  man,  or  the 
morality  within  him,  and  it  alone,  dictates 
the  law.  Whoever  the  lawgiver  and  what- 
ever the  source  of  knowledge  of  the  law, 
only  the  recognition  of  its  worth  and  dig- 
nity determines  its  morality,  its  genuinely 
moral  character. 
The  categorical       §94.  The  categorical  nature  of  the  moral 

nature  of  the 

"^in^S  imperative  was  a  familiar  aspect  to  the  Rab- 
binical mind.  Its  roots  run  back  into  the 
soil  of  Biblical  concepts.  To  the  command 
concerning  the  return  of  lost  things,  these 
words  are  appended :  "  Thou  art  not  at 
liberty  to  withdraw  thyself"  (oWin1?  bain  vb, 
Deut.  22:3) — words  which  add  nothing  to 
the  meaning  proper.  What,  then,  are  they 
intended   to   convey?      Nothing  but   what 


PRINCIPLE  OF  JE  WISH  E THICS     1 29 


Kant  wished  to  express  by  his  "  categorical 
imperative  " — the  inner,  inevitable  necessi- 
ty whereby  the  bidding  becomes  a  law. 

§95.  That  the  autonomy  of  the  moral 
law  was  an  idea  current  among  the  Rabbis 
is  vouched  for  by  the  frequent  expression : 
"  These  are  words  of  the  written  law,  but  if 
they  had  not  been  in  writing,  they  would 
have  had  to  be  written  down  ";  that  is,  their 
substance  would  have  been  arrived  at  by 
man's  independent  activity,  and  raised  to 
the  status  of  a  law.     (Comp.  §85.) 

§96.  The  finest  distinction  of  Kant's  for-  universal  equality 

before  the  law 

mula  of  the  categorical  imperative  is  that  it  Jjj|  ^"st  jew/sh 
carries  with  it  the  absolute  universality  of  Con\tast°with 

the  practice 

law:   '  Act  so  that  vou  may  desire  that  the  of  other  ancient 

J  J  nations. 

law  of  your  actions  may  become  the  law  for 
all."  For  all  in  like  case,  then,  one  and 
the  same  law  shall  serve  as  the  standard  of 
action.  Similarly,  it  is  the  characteristic 
distinction  of  the  most  ancient  Jewish  legis- 
lation that  one  and  the  same  law  was  laid 
down  for  all.     Unlike  the  practice  of  the 


1 30  THE  E THICS  OF  JUDA ISM 

contemporary  nations,  the  principle  of  ab- 
solute equality  before  the  law  was  pro- 
claimed among  the  Jews.  Not  alone  the 
nations  that  were  divided  into  castes  pro- 
vided a  code  of  law  for  each,  but  among  all 
civilized  peoples  different  standards  pre- 
vailed for  different  estates  and  classes. 
Judaism,  however,  ordained  equality  before 
the  law,  alike  for  the  members  of  the  nation, 
for  the  native,  and — this  was  the  crowning 
distinction — for  the  alien.  With  solemn  ap- 
peal to  the  "  Congregation !  "  it  is  enjoined 
that  the  principle,  "  one  statute  for  all," 
shall  endure  forever  in  their  generations, 
"  one  law  and  one  code,"  alike  for  the  na- 
tive and  the  stranger  (Num.  15:15  seq.; 
comp.  also  Lev.  24:22,  and  other  passages). 
Autonomy  of      §97.  Finally,  a  brief  reference  to  Onke- 

the  moral  law 

inonkeios.  los'  pregnant  expression  about  the  auton- 
omy of  the  moral  law  is  in  place  here. 
Though  philologically  untenable,  his  trans- 
lation of  the  verse  Genesis  3:22:  "See, 
man  is  unique,  knowing  of  himself  good 


PRINCIPLE  OF  JE  WISH  E  THICS     1 3 1 

and  evil,"  testifies  to  the  translator's  ethical 
insight. 

§98.  Thus  the  Rabbinical  attitude  proves  von  Hartmann's 

reproach  invali- 

Von  Hartmann's  reproach  baseless,  especi-  R^inkai16 
ally  as  formulated  in  the  sentence :  "  As  attltude- 
theism  may  not  suffer  a  moral  principle 
above  or  beside  the  Divine  Being,"  etc. 
The  moral  principle  is,  indeed,  not  above 
and  not  beside  the  Divine  Being;  it  is  in 
itself.  Precisely  for  that  reason  it  is  at  the 
same  time  in  God — in  God  inasmuch  as  he 
is  the  prototype  of  morality.  To  repeat : 
not  because  the  principle  is  in  God  is  it 
the  moral  principle,  but  because  it  is  the 
moral  principle,  in  itself  and  absolutely, 
therefore  it  is  necessarily  in  God. 

§99.  In  its  content,  authoritv,  and  im-  The  principle 

of  morality  is 

portance,  the  moral  principle  is  independ-  ftustaJXetl,sebut 
ent  of  every  sort  of  dogmatic  concept.     Its  1S 
reason  and  its  aim  lie  within  itself.     It  is 
autonomous,   and  this  constitutes  its  dig- 
nity.    In  the  Jewish  mind  sanctity  is  added 
to  its  dignity  by  the  fact  that  the  moral 


1 3  2  THE  E  THICS  OF  JUDA  ISM 

principle,  without  suffering  change  or  los- 
ing aught  of  its  peculiarity  and  independ- 
ence, finds  its  archetypal  expression  in  God. 
To  recognize  and  lay  hold  of  the  good, 
without  compulsion,  without  external  com- 
mand, without  hope  of  profit,  without  any 
sort  of  ulterior  motive,  solely  and  alone  by 
reason  of  man's  moral  nature — that  surely 
is  to  be  autonomous  and  autonomously 
moral !  If,  now,  an  autonomously  moral 
man  recognizes  in  God  the  prototype  of 
morality,  and  endeavors  zealously  to  emu- 
late God,  is  he  therefore  less  moral  or,  as 
Von  Hartmann  maintains,  actually  im- 
moral? May  not  a  man  imitate  a  noble 
pattern?  Does  he  suffer  loss  of  dignity  in 
striving  for  a  sublime  ideal?  Shall  a  moral 
man  refrain  from  learning  from  the  teacher 
of  morality  only  that  he  may  save  the  dig- 
nity of  his  autonomy? 
Kant's  "nature       §100.  The  true  meaning  of  the  autonomy 

acting  with  a 

the  G'od "idea*  °^  mora^ty  appears  in  Jewish  writings,  es- 
pecially those   of   Rabbinical   times,    if   in 


PRINCIPLE  OF  JE  WISH  E  THICS     1 3  3 

forms  different  from  Kant's,  in  forms  as  un- 
mistakable. Kant's  ethical  inquiries  were 
all  directed  to  the  end  of  preserving  intact 
the  dignity  of  the  moral.  Proceeding  from 
the  great  thought  that  "  there  is  nothing 
anywhere  in  the  world  that  may,  without 
reservation,  be  considered  good,  except  a 
good  will,"  he  shows  (in  laying  the  founda- 
tion of  the  doctrine  of  ethics)  that  what 
constitutes  the  goodness  of  a  good  will  is 
not  its  fitness  to  accomplish  a  given  pur- 
pose, not  the  satisfaction  of  some  inclina- 
tion, nothing  external,  in  fact,  but  solely 
the  character  of  the  will  itself.  The  value 
of  a  good  will  is  absolute.  "  It  sparkles 
like  a  gem,  spontaneously,  a  thing  whose 
value  is  wholly  intrinsic "  (with  which 
comp.  Prov.  3:15).  A  good  will  is  one 
that  submits  to  the  guidance  of  reason  in 
the  fulfilment  of  duty  even  when  inclina- 
tion would  dictate  a  different  course.  The 
guiding  power  and  creative  activity  of  rea- 
son, then,  are  the  producers  of  a  good  will, 


134  THE  ETHICS  OF  JUDAISM 

hence,  of  all  that  is  truly  good.  Further- 
more, Kant  investigates  "  the  purpose  of 
nature  in  appointing  reason  as  the  ruler  of 
the  will."  He  concludes  that  it  was  not  for 
the  sake  of  happiness,  but  "  for  the  far 
worthier  purpose "  of  producing  a  will 
good  in  itself.  This  notion  of  nature's  act- 
ing with  a  purpose  is,  if  not  mythical,  cer- 
tainly dogmatical,  and  it  is  absolutely  im- 
possible to  show  that  the  idea  of  God's  giv- 
ing reason  to  man  for  the  guidance  of  his 
will  is  less  suitable  as  a  basis  of  morality 
than  the  supposition  that  nature  has  so  en- 
dowed him. 
Explanation      §ioi.  Though  Kant  as  little  as  the  Rab- 

of  autonomy. 

bis  gave  adequate  expression  to  it,  the  vital 
power  in  the  whole  train  of  ideas  is  this: 
Independently  of  every  external  force  or 
alien  influence,  that  is,  with  complete  au- 
tonomy, the  human  mind  lays  down  moral 
laws.  Such  action  comports  with  its  in- 
most nature,  its  essence.  But  this  its  na- 
ture has  not  developed  out  of  itself;  the 


PRINCIPLE  OF  JE  WISH  E  THICS     1 3  5 

mind  has  not  created  it.  It  is  the  product, 
not  of  its  own  free  will,  but  of  an  unalter- 
able necessity.  The  moral  law  is  autono- 
mous, because  it  originates  in  the  nature  of 
the  human  mind  alone.  This  autonomy 
and  its  value  in  establishing  clearly  and 
firmly  the  basis  of  morality  are  not  in  the 
least  impaired  by  the  fact  that  the  nature 
of  the  human  mind  is  not  self-created,  that 
it  has  neither  aided  nor  hindered  its  being 
what  it  is,  namely,  the  fit  and  appointed 
instrument  to  fashion  the  moral  world.1 

§102.  The  sole  consideration  of  import- 
ance is,  that  autonomy  implies  the  absence 
of  every  extraneous  will  in  the  creation  of 
morality,  every  external  power,  every  ul- 
terior motive.  The  moral  is  to  exist  for  the 
sake  of  its  morality,  the  good  to  comprise 
within  itself  its  own  self-sufficient  reason, 
its  value  and  its  dignity.  This  exalted 
purity  and  this  dignity  of  the  moral  are  in- 

1  Comp.  the  saying  of  R.  Eleazar  Hakapar,  Aboth 
4:  29,  end. 


1 36  THE  E  THICS  OF  JUDA ISM 

dependent  of  every  sort  of  theistic  notion, 
because  they  spring  from  the  very  nature 
of  the  human  mind.  On  the  other  hand, 
it  is  folly  to  suppose  that  the  moral  is  dam- 
aged by  the  theistic  view  of  life.  Whether 
the  Creator  of  man,  that  peculiarly  organ- 
ized, rational  being  which  out  of  itself,  au- 
tonomously, constructs  morality,  be  called 
God,  or  "  nature  acting  with  a  purpose," 
or  by  any  other  name,  in  no  wise  affects  the 
reason  of  the  moral.  But  the  fool  who 
avoids  theistic  views  by  supposing  himself 
the  creator  of  his  own  nature,  is  the  last  to 
whom  we  may  look  to  fix  the  basis  of  the 
purely  moral. 
Pure  "idealism."       §10^.  The  autonomy  of  morality,  I  said, 

Rejection  of  °        u  J  J  ' 

motivMto^S  should  protect  the  dignity  of  the  moral  by 

and  Ps.  24  as  .i    ,.  ^-  t>i 

by  Kant,  repudiating  every  extraneous  motive.  The 
ultimate  reason  like  the  highest  aim  of  the 
moral  should  be  in  itself.  Such  safeguard- 
ing of  the  immaculate  honor  of  the  moral 
we  meet  with  in  the  prominent  Jewish 
thinkers  of  all  epochs.     The  Psalmist,   in 


PRINCIPLE  OF  JEWISH  ETHICS     1 37 

the  fifteenth  and  in  the  twenty-fourth 
Psalm,  enumerates  the  chief  precepts  of 
morality  in  the  shape  of  an  answer  to  a 
question — the  question  as  to  what  is  reach- 
ed by  obeying  them :  "  Lord !  who  may 
sojourn  in  thy  tent?  who  may  dwell  on  thy 
holy  mount?  "  or,  "  Who  shall  ascend  into 
the  mountain  of  the  Lord?  and  who  shall 
be  able  to  stand  in  his  holy  place?  "  Here 
we  have  figures  of  speech  indicating  the 
aim  of  moral  conduct.  By  no  possibility 
can  they  be  tortured  into  meaning:  what 
is  useful  to  man?  what  contents  him?  what 
renders  him  happy?  The  poetic  questions 
convey  the  notion  which  we  to-day  should 
briefly  designate  by  the  phrase,  "  the  ideal- 
ism of  life."  Holiness  and  the  image  of 
the  "  mountain  of  the  Lord  "  imply  man's 
elevation  above  the  low  places  of  life,  the 
upward  soaring  of  the  soul  from  the  vulgar 
and  commonplace  to  the  nobility  and  purity 
of  moral  views  and  conduct.  Kant,  confin- 
mg  himself  entirely  within  the  bounds  of 


138  THE  ETHICS  OF  JUDAISM 

legitimate  ethical  speculation,  spoke  of 
"  holiness,"  and  spoke  of  it,  moreover,  with 
the  meaning  and  in  the  spirit  of  the  Rabbis. 
He  regards  a  will  as  "  holy  "  that  agrees 
with  the  moral  law  naturally,  without  hav- 
ing to  force  aside  antagonistic  motives 
whenever  it  is  called  into  action.  Likewise, 
the  promise  of  the  fifteenth  Psalm,  that 
he  who  fulfils  all  the  moral  laws  enumerated 
"  shall  not  be  moved  to  eternity,"  certainly 
means  nothing  but  moral  success :  his  will 
shall  become  constant,  unwavering,  in 
Kant's  sense,  holy. 
The  Psalmist's      §104.  The  eleven  precepts  of  the  fifteenth 

ideal  purely  ^  •  ±  j. 

iromhdogmatie  Psalm  having  been  alluded  to,  it  is  proper 

admixture.    ,  /■  ...  1  f  ,         . 

Likewise  that  to  reier  with  some  degree  of  emphasis  to 

of  the  Prophets. 

r.  simiai  re-  the  following  important  circumstance :  The 

duces  "the  613  &  ^ 

"toafe^toK-  Psalmist's  question  is  couched  in  terms  be- 

mental  and  ,  .  ,  ,r       „  ,,     ;  , 

purely  ethical  longing  to  the  specifically  religious  sphere 

principles. 

of  ideas.  His  mind  is  full  of  dwelling  on  the 
holy  place,  sojourning  in  the  tent  of  God, 
ascending  the  mountain  of  the  Lord,  as  the 
noblest  aim  man  can  strive  for.     But  in  the 


PRINCIPLE  OF  JE  WISH  E  THICS     1 39 

answer,  in  the  definition  of  what  leads  or 
appertains  to  the  divine  or  the  sacred,  dog- 
matic religious  precepts  are  not  hinted  at. 
Not  a  word  of  Sabbaths  and  holidays,  of 
sacrifices  and  prayers,  of  show-threads  and 
phylacteries;  strictly  moral  principles  alone 
are  enumerated. 

That  the  same  mode  of  thought  appears 
again  and  again  in  Prophetic  utterances, 
that  in  this  respect  the  Psalmist  is  but  the 
interpreter  of  the  Prophetical  spirit,  does 
not  need  detailed  proof.  On  the  other 
hand,  the  well-known  and  oft-cited  passage 
in  Makkoth  *  deserves  attention  as  illustra- 
tive of  the  same  feature  in  the  Rabbis: 
"  613  laws  (commands  and  prohibitions) 
are  contained  in  the  Mosaic  code.  David 
came  and  reduced  them  to  eleven  (those  in 
the  fifteenth  Psalm;  they  are  quoted  in 
Makkoth,    and    explained 2).     Then     came 

1  Makkoth  24* 

2  The  explanation  may  the  more  fitly  be  omitted 
here  as  it  will  have  to  be  considered  elsewhere. 


HO  THE  ETHICS  OF  JUDAISM 


Isaiah  and  reduced  them  to  six  (Is.  33  :  15) : 
'  He  that  walketh  in  righteousness,  and 
speaketh  uprightly;  he  that  despiseth  the 
gain  of  oppressions,  that  shaketh  his  hands 
against  taking  hold  of  bribes,  that  stoppeth 
his  ears  against  hearing  of  blood,  and  shut- 
teth  his  eyes  against  looking  on  evil.'  Then 
came  Micah  and  reduced  them  to  three 
(Micah  6:8):  'He  hath  told  thee,  O  man, 
what  is  good,  and  what  the  Lord  doth  re- 
quire of  thee :  nothing  but  to  do  justice,  and 
to  love  kindness,  and  to  walk  humbly  with 
thy  God.'  Again  Isaiah  reduced  them  to 
two  (Is.  56:1):  '  Keep  ye  justice,  and  do 
equity.'  Finally,  Amos  (5:4:  'Seek  ye 
for  me,  and  ye  shall  live  ')  and  Habakkuk 
(2:4:  'the  righteous  liveth  in  his  faith') 
reduced,  them  to  one."  What  R.  Simlai 
sought  and  found  with  David  and  the  Pro- 
phets is  obvious.  He  desired  to  know  the 
basis  of  the  whole  of  the  Mosaic  legislation, 
its  principle,  the  real  value  and  the  aim  of 
all  its  laws.     His  search  was  rewarded  by 


PRINCIPLE  OF  JE  WISH  E  THICS     1 4 1 

the  sentences  cited.  What  they  teach  was 
in  his  eyes  equivalent  to  the  sum  of  all  the 
laws.  In  the  shape  in  which  they  formulate 
the  principle  tantamount  to  the  whole  code, 
the  one  that  contains  its  vital  kernel,  the 
important  thing  is  that  no  reference  is  made 
to  a  dogmatic  religious  ordinance,  to  any 
sort  of  ceremonial  law.  One  and  all  they 
exalt  commands  purely  moral  to  the  rank 
of  paramount,  all-embracing  principles. 
Not  that  the  Rabbis  undervalued  the  speci- 
fically religious  commands  and  the  cere- 
monial practices.  They  never  failed  to  take 
account  of  the  inner  continuity  of  the  whole 
Mosaic  law.  As  we  saw  (in  §10),  they  oc- 
casionally expressed  this  continuity  in  the 
phrase  that  "all  other  laws  depend  on  "  one, 
say  the  Sabbath,  or  the  law  of  the  show- 
threads  or  of  the  phylacteries.  Here,  how- 
ever, the  main  purpose  being  to  put  into 
words  the  nucleus  of  all  laws,  their  funda- 
mental principle,  specifically  religious  com- 
mands were  pushed  aside,  and  the  ethical 


142  THE  ETHICS  OF  JUDAISM 

alone  was  kept  in  view  as  the  aim  of  all 
laws. 
Tor  the  sake  of      §105.  The  demand  constantly  recurs  in 

Heaven" ;  "for 

its  own  sake."  the  Talmudic  writings  that  each  of  man's 
acts  and  hence  his  whole  conduct  shall  be 
"  in  the  name  or  for  the  honor  of  Heaven."1 
Now,  whether  Heaven  be  taken  as  a  figure 
of  speech  for  God  or  for  the  sphere  of  the 
sublime  above  and  beyond  the  earthly,  in 
either  case  the  expression  conveys  the 
thought  that  the  motive  of  morality,  so 
far  from  being  anything  external  or  low, 
should  be  nothing  outside  of  man's  eleva- 
tion to  higher  dignity.  If,  however,  con- 
necting human  morality  with  Heaven,  that 
is,  with  God,  negates,  as  Von  Hartmann 
and  his  sympathizers  imply,  the  autono- 
mous independence  of  morality,  then  I  may 
be  permitted  to  refer  to  another  phrase,  oc- 
curring with  equal  frequency  in  Rabbinical 
literature,  which  leaves  no  doubt  as  to  the 
fundamental  idea.     Every  command,  it  is 

1  D*DB>  Qvh,  as  in  Aboth  2:  2  and*  17. 


PRINCIPLE  OF  JE  WISH  E  THICS     143 

said,  should  be  fulfilled,  "  in  its  own  name," 
r\uth,  that  is,  for  its  own  sake;  not  with 
a  view  to  promoting  or  realizing  an  extra- 
neous purpose,  solely  for  the  sake  of  the 
dignity  of  the  command  itself  and  by  reason 
of  its  binding  force.1 

§106.  With  regard  to  the  basis  of  mo-  Basis  of  morality. 

Man's  nature 

rality  as  viewed  by  Judaism,  one  point  more  p^^"^ 
must  be  stated.     The  reason  of  morality  is  pain' 
furnished  by  man's  nature  and  by  its  own. 
To  man  is  granted  liberty  to  perfect  the 
harmony  of  these  two  bases. 

Man's  acts  go  back  to  his  original  nature 
and  constitution  as  their  last  cause. 

Activity  carried  on  at  the  behest  of  an- 
other, mechanical  activity  as  it  were,  does 
not  enter  into  consideration.  Such  activity 
belies  the  name,  and,  like  the  natural  func- 

"That  this  is  the  meaning  of  TVCfch,  though  it  needs 
no  confirmation,  appears  from  the  fact  that  the 
Rabbis  considered  practising  the  good  for  an  ulte- 
rior purpose  pedagogically  useful,  hence  permissible. 
For  instance,  devotion  to  study  from  ambition  de- 
velops love  of  study,  and  then  it  is  prosecuted  for 
its  own  sake. 


144  THE  ETHICS  OF  JUDAISM 

tions  of  our  physical  organism,  is  outside 
of  the  sphere  of  the  ethical. 

Real  action  has  its  cause  in  man's  voli- 
tion. If,  as  we  are  in  the  habit  of  saying, 
we  resign  our  will,  and  execute  the  will  of 
another,  then  this  very  act  of  renunciation 
is  the  expression  of  our  own  will.  A  man 
may  waive  the  exercise  of  judgment  and 
decision  with  regard  to  the  acts  he  per- 
forms. From  esteem  or  reverence,  he  may 
exalt  another's  authority  to  the  rank  of  his 
paramount  standard.  He  may  renounce  in- 
vestigation and  choice.  Yet  the  effective 
cause  of  action  is  himself,  his  inmost  con- 
stitution, his  modesty,  his  insufficiency,  or 
lack  of  energy,  his  deference  to  another  as 
the  appointing  and  deciding  power.  He 
leaves  the  reason  of  his  action  to  an  out- 
sider; none  the  less  he  uses  his  will,  and  re- 
mains the  cause  of  his  volition.  By  the  ex- 
ercise of  liberty  he  relinquishes  his  liberty. 

Even  if  a  man  acts  under  the  coercion  of 
brute  force  or  the  force  of  circumstances, 


PRINCIPLE  OF  JE  WISH  E THICS     1 45 

his  action  nevertheless  is  rooted  in  his  own 
disposition.  To  act,  for  instance,  under  the 
constraint  of  reward  or  punishment  after 
all  means  only  to  act  in  hope  of  a  beneficent 
result  or  in  fear  of  ill  success,  and  hope  and 
fear  alike  have  their  basis  in  the  original 
instinct  to  seek  the  pleasant  and  salutary, 
to  avoid  the  painful  and  deleterious.  To 
be  sensible  of  pleasure  and  pain,  to  strive 
for  the  one,  to  flee  from  the  other,  is  man's 
nature.  Man  is  a  natural  being,  a  link  in 
the  chain  of  natural  beings.  As  such  he 
obeys  the  law  of  nature;  it  lies  at  the  bottom 
of  his  volition.  Yet  his  action  is  the  issue 
from  his  own  nature,  his  own  essence. 

§107.  At  the  same  time  man  is  a  natural  Man's  spiritual 

nature  and  its 

being  of  another  sort  than  those  composing  ^ws. 
the  world  around  him.  He  leads  a  pre- 
dominantly intellectual  life.  His  mind  is 
occupied  with  matters  affecting  more  than 
the  senses;  other  joys  allure  him,  other  pain 
affrights  him.  Pleasure  and  pain,  gratifica- 
tions and  hardships,  he  meets  in  the  realm 


146  THE  ETHICS  OF  JUDAISM 

of  mind  as  well  as  in  the  realm  of  nature, 
but  they  are  of  other  kind  and  bearing. 
Here,  too,  man  seeks  the  beneficent,  and 
avoids  the  harmful.  He  still  follows  the 
law  of  nature,  but  the  laws  to  which  he  is 
subjected  are  those  of  his  own  higher  intel- 
lectual nature,  and  pleasure  and  pain  no 
longer  form  either  the  reason  or  the  aim  of 
his  activity. 
Research      §108.  The  purpose  of  intellectual  activ- 

and  art.    . 

ity,  then,  goes  beyond  the  gratification  of 
the  wants  of  man's  physical  organism. 
Moreover,  it  is  governed  by  other  laws, 
the  recognition  and  application  of  which 
heighten  the  value  of  man's  life.  The  sum 
and  substance  of  all  intellectual  endeavor 
is  the  investigation  and  knowledge  of  life, 
of  the  real  world  in  which  man  lives.  To 
comprehend  his  world,  to  grasp  its  peculi- 
arity and  its  subjection  to  law,  to  under- 
stand nature  and  the  laws  of  her  endlessly 
various  manifestations,  is  part  of  the  higher 
vocation  of  man.     Furthermore,  he  has  to 


PRINCIPLE  OF  JE  WISH  E  THICS     1 47 

apply  and  turn  to  account  the  forces  of  na- 
ture, which  involves  the  transforming  and 
refining  of  her  gifts.  To  this  is  superadded 
the  free,  plastic  use  of  things,  increasing 
their  utility,  heightening  their  beauty, 
transmuting  raw  material  into  artistic  forms 
that  reflect  man's  ideal  aspirations.  In  all 
this  activity,  beginning  with  agriculture  of 
the  simplest  kind,  through  the  multifarious 
exercise  of  mechanical  and  industrial  skill, 
to  the  supreme  creations  of  art,  man  en- 
counters laws  which  he  must  know,  whose 
authority  he  must  recognize,  to  which  he 
must  pay  obedience,  in  order  to  reach  his 
aim  and  be  true  to  his  calling. 

§109.   In  other  words,  man  must  heed  the  Beauty  and 

fitness. 

laws  of  logic  and  of  the  various  provinces 
of  human  knowledge,  must  obey  the 
laws  of  technic,  and  must  execute  the 
laws  of  plastic,  creative  activity,  if  he  would 
realize  the  purpose  of  his  intellectual  part. 
The  briefest  characterization  of  this  pur- 
pose is  that  the  mind  of  man  is  directed 


148  THE  ETHICS  OF  JUDAISM 

towards  ideas — ideas  which  it  can  and 
should  grasp  and  realize,  the  ideas  of  truth, 
fitness,  and  beauty.  The  impulse  towards 
these  ideas  is,  therefore,  part  of  the  inner- 
most nature  of  man.  He  has  had,  from  the 
first  and  always,  an  interest  in  the  idea  of 
truth  as  opposed  to  error,  in  the  idea  of 
fitness  as  opposed  to  vanity  and  ineffectual- 
ness,  in  the  idea  of  the  beautiful  as  opposed 
to  the  rude,  the  \ulgar,  and  the  ugly.  In 
Talmudic  writings  this  ideal  shaping  of  life 
is  summed  up  in  the  phrase  obiun  2W*  (civil- 
ization), and  is  accounted  the  partial  task  of 
man's  earthly  existence. 
The  notion  of      §no.  All  these  laws  of  the  mind  man 

the  good  the  . 

highest  notion  must  know  and  obey,  these  ideas  he  must 

and  the  final 

purpose.  grasp  and  realize,  but  not  for  their  own 
sake,  not  as  the  final  purpose.  Like  the 
laws  of  nature,  they  have  to  be  pressed  into 
the  service  of  the  most  sublime  law,  the 
supreme  idea,  the  last  and  true  purpose  of 
man's  whole  being.  From  out  of  the  bus- 
tle of  life,  natural  and  intellectual,  the  in- 


PRINCIPLE  OF  JE  WISH  E  THICS     1 49 

stinct  towards  the  good  rises  aloft.  The 
notion  of  the  good  is  the  only  perfect  no- 
tion, and  the  law  of  morality  is  the  highest 
law.  They  constitute  the  ultimate,  the  true 
purpose  of  man;  they  confer  upon  him  his 
noblest  distinction;  they  raise  him  to  the 
dignity  of  the  truly  human,  a  dignity  so 
exalted  that  he  could  venture  to  call  it 
divine  and  to  characterize  its  ideal  as  like- 
ness to  God. 

§iii.  But    the    individual    man    never -me  notion  of 

morality  is 

stands  alone.     He  finds  himself  always  in  the  notion  of 

J  moral  society. 

the  company  of  others,  his  mates.  As  a 
moral  being  he  may  not  and  should  not 
isolate  himself.  He  who  aims  to  be  self- 
sufficient,  who  refers  all  things  to  himself 
alone,  is  not  called  man.1  Whatever  moral- 
ity may  demand  of  man,  is  demanded  in  the 
spirit,  in  the  service,  and  for  the  purposes, 
of  human  society.  The  notion  of  morality 
is  at  bottom  the  notion  of  moral  society. 
Within  the  Jewish  domain  ethics  is  social 

1  Yebamoth  63* 


feeling  of  duty 
the  autonomous 
ce  of  th< 
ethical 


150  THE  ETHICS  OF  JUDAISM 

ethics.     When  we  arrive  at  the  presentation 
of  social  ethics,  we  shall  see  in  what  respect 
and  for  what  reason  this  is  the  fundamental 
view  of  Judaism. 
The  impulse      §H2.  As  was  said  above,  the  reason  of 

towards  the 

fngtfduty  morality  lies  in  the  nature  of  man  and  in 
■ceoTthe  the  nature  of  morality.  In  the  nature  of 
man,  for  he  finds  in  himself,  as  an  undeni- 
able, inevitable  fact,  the  impulse  towards 
the  good.  As  he  cannot  fail  to  distinguish 
light  from  darkness,  so  he  draws  the  dis- 
tinction between  good  and  bad,  and  he  is 
as  certain  of  the  superiority  of  the  good  as 
of  the  superiority  of  light.  The  peremp- 
tory voice  of  duty,  the  feeling  of  obligation, 
forms,  for  every  human  being,  the  personal 
reason  of  morality.1  For,  though  moral  in- 
junctions reach  him  from  external  sources, 
as  the  behests  of  former  generations  or  of 
present   authorities,   yet  they   become  law 

1  If  this  voice  is  not  heeded,  if  the  feeling  of  obli- 
gation is  offended  by  an  unlawful  act,  another 
equally  peremptory  voice,  the  voice  of  conscience, 
is  raised  in  accusation  of  man  before  himself. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 5  I 

unto  him  only  when  he  feels  their  binding 
force.  This,  as  noted  before,  is  the  simple 
meaning  of  the  Bible  verse  concerning  the 
Law :  "  in  thy  mouth  it  is,  and  in  thy  heart, 
that  thou  mayest  do  it  "  (Deut.  30 :  14).  A 
man  who  obeys  a  given  set  of  moral  injunc- 
tions, not  from  a  feeling  of  duty,  but  from 
greed,  or  fear,  or  other  prudential  reason, 
knows  with  unerring  knowledge  that  he 
has  not  acted  as  a  moral  agent. 

The  feeling  of  duty,  then,  is  the  autono-  ■ 
mous  source  of  the  ethical.  The  intention, 
the  will,  to  live  up  to  this  duty,  is  the  good. 
To  obey  other  impulses,  to  fulfil  other  pur- 
poses, falls  short  of  being  positively  moral. 
But  to  act  in  opposition  to  law,  in  contra- 
diction to  duty,  is  the  bad. 

§113.  The  demand  made  upon  man  by  The  ideal  demand 

as  formulated  by 

his  spiritual  part  may  be  considered,  with  1^,""^^. 
Kant,   an   imperative   of  practical   reason;  meVeiy  psycho* 

,  logic  differences. 

or,  with  Herbart,  an  involuntary,  necessary 
judgment;  or,  with  Steinthal,  a  judgment 
expressed  in  the  form  of  (ideal)  feeling;  or, 


1 5  2  THE  E  THICS  OF  JUDA  ISM 

with  Riimelin,  an  original  instinct;  or  it 
may  be  called  by  another  of  the  many 
names  with  which  this  chronologically  ar- 
ranged list  might  be  swelled;  the  difference 
between  any  two  is  psychological,  not 
ethical. 

An  ethical  difference  appears  only  when 
we  come  to  state  the  basis  of  these  judg- 
ments, feelings,  instincts,  etc.  An  utilita- 
rian and  no  less  an  evolutionary  reason '  or 
a  trace  of  eudaemonism  nullifies  the  ethical 
character  of  the  demand.  On  the  other 
hand,  utility  and  sensual  as  well  as  refined 
pleasure  may  yield  first  place  to  the  demand 
of  the  ideal  life,  no  matter  in  what  psycho- 
logic form  the  demand  asserts  itself. 
The  ethical  a      §114.  A  complete  ethical  system  cannot, 

new  law  differing 

from  the  laws  of  Qf  course,  disregard  the  psychologic  con- 
man  ■  physical  °  l    J  ° 
and  intellectual  ceptjon.    Qf    moral    data         But    w}th    reSpect 

to  the  ultimate  reason,  the  primary  prin- 
ciple,   of   morality,    one   psychologic   form 

1  Which  can  take  into  account  the  present  state  of 
psychologic  knowledge. 


PRINCIPLE  OF  JE  WISH  E  THICS     I  5  3 

comports  with  the  dignity  of  ethics  as  well 
as  another.1 

The  important  point  in  connection  with 
the  basis  of  morality  is,  that  by  the  side  of 
the  laws  of  man's  natural  life  and  his  intel- 
lectual activity,  a  new  order  of  laws  estab- 
lishes itself  in  his  soul,  different  from  the 
others  and  revealing  itself  as  different.  The 
latter  laws  do  not  render  void  the  former. 
Rather  do  they  press  the  laws  of  man's  phy- 
sical and  intellectual  nature  into  their  ser- 
vice, in  order  to  create  new  forms  of  exist- 
ence, call  forth  peculiar  manifestations  of 
life,  and  bring  about  acts  neither  known 
nor  demanded  by  the  constitution  of  his 
body  and  mind. 

§  1 15.  Elsewhere  we  shall  enter  into  a  de-  The  win  aiming 

at  liberty  and 

tailed   consideration   of  the   fact   that  the  lesalit>'- 
ethical  law  involves  the  freedom  of  the  men- 
tal force  devoted  to  its  execution,  that  is, 
the   will.     In   other  words,   the   liberty  of 
him  who  is  to  fulfil  it  is  part  and  parcel  of 

1  See  Appendix  No.  24,  p.  294. 


154  THE  ETHICS  OF  JUDAISM 

the  moral  law.  Here  the  statement  suf- 
fices that  the  will  aiming  at  once  at  liberty 
and  legality  may  be  efficacious  even  in  con- 
tradiction to  natural  impulses.  If,  then,  a 
free  will  is  said  to  be  characteristic  of  man's 
nature,  the  word  nature  is  used  in  a  higher 
sense. 
Morality  is  man's      §116.  From  all  this  we  deduce  the  fol- 

vocation,  his  . 

higher  nature,  lowing  as  the  essential  view  of  Judaism : 

and  the  perfec-  °  * 

tionofhfe.  Mora]ity  [$  its  own  reason  and  aim;  it  is 
man's  vocation  and  the  vocation  of  all  spir- 
itual beings.  It  may  not  serve  any  pur- 
pose outside  of  itself;  it  is  its  own  purpose, 
and  to  all  other  purposes  that  man  seeks  to 
realize,  it  assigns  their  proper  value  and 
due  proportion.  Man's  moral  nature  is  the 
perfection  of  life,  and  the  crown  of  spiritual 
activity  is  the  creation  of  morality.  All 
intellectual  efforts,  all  research  and  knowl- 
edge, the  subduing  of  nature,  the  con- 
quests of  civilization,  the  production  of 
works  of  art  and  imagination ; — they  all  are 
tributary  to  the  spirit  of  morality :     "  All 


PRINCIPLE  OF  JE  WISH  E  THICS     1 5  5 

the  rivers  run  into  the  sea,  yet  the  sea  is 
never  full."  For,  greatest  of  all  knowledge 
of  ideas  is  the  knowledge  of  the  idea  of  the 
good;  most  valuable  of  all  conquests  of 
nature  is  the  subjection  of  the  material  and 
spiritual  nature  of  man  to  the  law  of  mo- 
rality; noblest  of  all  achievements  of  civili- 
zation and  culture  is  the  moulding  of  char- 
acter; sublimest  of  all  aesthetic  activity  is 
the  development  of  society  upon  a  moral 
basis  and  the  founding  of  moral  institutions. 

§117.  The  moral  law  possesses  this  dig-  Morality  in 

progress.     The 

nity  and  absolute  independence,  this  au-  J£j|££3fc| 
tonomy  and  peremptory  force,  not  in  spite  eveopment- 
but  in  consequence  of  the  fact  that  its  cog- 
nition and  execution  are  subject  to  develop- 
ment. Mankind,  every  nation,  every  indi- 
vidual is  dowered  with  unlimited  possibili- 
ties of  progress.  All  that  is  truly  ideal  is 
capable  and  in  need  of  constant  develop- 
ment. Of  the  ability  to  improve  we  shall 
have  occasion  to  speak  later  on.  At  pres- 
ent I  wish  only  to  point  out  that  when  Kant 


1 5  6  THE  E  THICS  OF  JUDA  ISM 

characterizes  progress  in  "  reverence  for 
the  law  "  as  "  sacred  awe  changing  into 
love,"  he  is  repeating  a  notion  current  in 
Rabbinical  literature.  The  Rabbis  fre- 
quently refer  to  the  step  from  the  fulfilment 
of  the  law  "  out  of  fear  "  (mms)  to  its  fulfil- 
ment "  out  of  love  "  (ranND)— expressions 
equivalent  to  Kant's.1 
These  thoughts      §n8.  The   thoughts   expounded   in   the 

(|106-§117)  in  ° 

Tainnid\?wrHd  ^ast  twelve  paragraphs  (§io6-§ii7)  recur, 
coffrtction  and  in  a  variety  of  forms,  in  the  ethical  litera- 

conduct  a  pecu- 
liar element  in  ture  of  Judaism,   particularly  in  Talmudic 

the  universe,  J  '    *  J 

genufne^news  writings.     It  is  proper  to  refer  to  at  least 

making  for  .  .  .  . 

liberty  and  a  few  pertinent   passages  as  evidences   of 

progress. 

this  highest  possible  appreciation  of  moral- 
ity. Besides,  the  literary  form  in  which 
they  are  couched  is  interesting.  It  illus- 
trates the  necessity  and  advantage  of  scru- 
tinizing the  peculiar  mode  of  thought  and 
speech  of  the  Rabbis  and  penetrating  to 
their  true  meaning. 

That  the  cycle  of  moral  thoughts  does 

1  See  Appendix  No.  25,  p.  294. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 5 7 

not  originate  in  the  views  and  experiences 
of  the  material  world,  that  is,  cannot  be  de- 
rived from  the  ideas  connected  with  nature, 
is  expressed  (see  §15)  in  a  commentary  up- x 
on  the  phrase,  "  there  is  nothing  new  under 
the  sun  "  (Eccles.  1:9):  "  not  under  the 
sun,  but  above  it."  That  is  to  say,  though 
new  in  human  experience,  no  phenomenon 
can  be  considered  truly  new  in  the  econ- 
omy of  nature.  Long  before  our  cog- 
nizance of  it,  every  phenomenon  pre-existed 
as  a  possibility  in  the  materials  of  nature, 
in  her  laws  of  creation  and  motion.  But 
the  phenomena  of  the  moral  and  spiritual 
life — ethical  conviction  and  conduct — are 
arrayed  in  opposition  to  the  material  uni- 
verse. With  their  peculiar  laws,  different 
from  all  others,  inasmuch  as  they  aim  at 
liberty  rather  than  necessity,  they  form  a 
completely  new  element.  All  that  lives  and 
acts  under  the  sun  must  yield  to  the  law  of 
nature.  Knowledge  and  inventive  genius 
may  force  her  law  into  the  service  of  chosen 


1 5  8  THE  E  THICS  OF  JUDA  ISM 

purposes,  but  the  law  itself  can  be  neither 
changed  nor  extended  in  scope.  Beyond 
and  above  nature,  however,  above  her  sub- 
limest  manifestations,  "  above  the  sun,"  we 
have  the  moral  order  of  existence  with  its 
laws,  whose  origin  and  aim  are  not  implied 
in  the  phenomena  of  nature. 

In  a  theistic  form,  the  vital  germ  of  this 
notion  of  the  dignity  of  the  ethical  idea 
conquering  all  the  glory  and  power  of  the 
physical  world  is  met  in  so  early  a  source 
as  the  two  Isaiahs :  "  The  sun  shall  not  be 
unto  thee  any  more  for  a  light  by  day,  and 
for  brightness  shall  the  moon  not  give  light 
unto  thee;  but  the  Lord  will  be  unto  thee 
for  a  light  of  everlasting,  and  thy  God  as 
thy  glory.  Thy  sun  shall  not  go  down  any 
more,  and  thy  moon  shall  not  be  with- 
drawn; for  the  Lord  will  be  unto  thee  for  a 
light  of  everlasting"  (Is.  60:19;  comp. 
30:26).  Before  the  majesty  of  the  ethico- 
religious  conception  of  God,  the  brilliancy 
of  the  sun  and  the  light  of  the  moon  pale; 


PRINCIPLE  OF  JE  WISH  E THICS     I  59 

for  it  raises  man  above  changeful,  deceptive 
nature,  to  the  heights  of  the  immutable, 
real  notion  of  morality. 

§119.  The  operation  of  the  moral  spirit 
is  looked  upon  as  continuing  and  supple- 
menting the  divine  work  of  creation,  as  in 
the  following:  "  He  who  does  a  moral  deed, 
as,  for  instance,  the  judge  who  pronounces 
a  righteous  judgment,  thereby  associates 
himself  with  God  in  the  work  of  creation."1 
The  universe  with  its  endless  array  of  life- 
forms,  and  under  the  sway  of  unchanging, 
definite  laws  of  necessity,  reaches  perfec- 
tion only  in  the  presence  of  the  spirit  of 
morality,  with  its  autonomous  laws  aiming 
at  freedom  of  will,  because  based  upon  it. 
The  economy  of  the  world  is  not  complete 
until  the  moral  aspect  of  things  is  reckoned 
with  at  every  point. 

In  allegorical  language,  the  founding  of 
the  moral  world  is  regarded  as  the  condi- 
tion of  the  continued  existence  of  the  ma- 

1  rwira  rmttai  r\"2pn  Sb>  ejnw  new.   See  §15. 


160  THE  ETHICS  OF  JUDAISM 

terial  world.  "  God  inverted  Mount  Sinai 
like  a  bowl  or  a  basket  over  the  congrega- 
tion of  Israel,  and  said :  If  they  accept  the 
Law,  well  and  good;  if  not,  they  shall  find 
their  grave  here."  '  Again,  God  is  said  to 
have  made  a  covenant  with  the  powers  of 
nature  when  the  work  of  creation  was  fin- 
ished. If  the  children  of  Israel  accepted 
the  Law,  these  powers  were  to  continue  in 
force;  if  not,  chaos  was  to  be  brought  back. 
Obviously,  the  moral  world  is  here  consid- 
ered the  proper  object  of  creation.  With 
it  as  a  component  element,  the  universe  has 
attained  the  form  in  which  it  can  execute 
its  purpose.  Without  the  principle  of 
morality,  the  working  of  the  world-machi- 
nery is  devoid  of  a  well-defined,  recognized 
purpose.  Despite  the  orderly  course  of 
events  subject  to  the  laws  of  nature,  it  lacks 
the  aim  of  all  movement.  Without  the 
crowning    consummation     in     the     moral 

1  Abodah  Zarah  2b  and  3. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 6 1 

order,  the  universe  remains  purposeless 
chaos. 

§120.  The    universal    character    of    the  sinai,  Israel. 

and  humanity. 

ethics  of  Judaism  will  be  considered  in  de- 
tail further  on.  One  point  of  the  discus- 
sion must,  however,  be  anticipated  here. 
Though  the  above  passage  relates  to  the 
Sinaitic  revelation,  it  applies  not  to  the  peo- 
ple of  Israel  and  its  moral  education  alone, 
but  equally  to  the  establishment  of  morality 
indirectly  for  the  good  of  the  whole  of  man- 
kind. To  justify  this  statement  I  need  not 
resort  to  the  pointed  expressions  of  the 
later  Prophets.  In  the  very  narrative  of 
the  revelation  at  Mount  Sinai  the  true 
meaning  of  the  election  of  the  people  of 
Israel  is  made  plain.  In  Exodus  19:3,  a 
solemn  introduction  leads  up  to  the  explicit 
statement  in  verse  6,  "  Ye  shall  be  unto 
me  a  kingdom  of  priests  and  a  holy  nation," 
closing  as  emphatically  as  it  opened.  A 
kingdom  of  priests !  That  is  the  central 
idea.     Israel   as  a  nation   shall   bear   itself 


1 62  THE  ETHICS  OF  JUDAISM 

towards  the  other  nations  as  the  priest  to- 
ward laymen;  it  shall  be  teacher  and  leader. 
Not  for  his  own  sake  is  the  priest  invested 
with  dignity  and  sanctity,  but  for  the  sake 
of  his  congregation  which  he  is  to  lead  to 
the  living  fount  of  the  idea — to  God. 
The  universality       §i2i.  The  metaphorical  lansruasre  of  the 

of  the  law  in  L  °        ° 

t^nKuageiof  Rabbis  gives  felicitous  expression  to  the 
same  thought,  which  illumines  the  Judaism 
of  all  times,  and  endows  its  prayers  with 
deeper  meaning  and  edifying  virtue.  God 
commanded  Moses,  it  says,1  to  write  the 
Law  upon  the  altar,  but  to  write  it  in  each 
of  the  seventy  languages.2  That  is  to  say, 
the  Law  is  to  be  immortalized  in  the  most 
sacred  place,  and  in  such  a  way  that  it  may 
be  intelligible  to  the  whole  of  mankind, 
since  it  was  given  to  Israel  as  the  interme- 
diary of  humanity. 

§122.   Finally,  to  return  to  the  main  ques- 

1  Sotah  36a. 

2  The  list  of  nations  in  Genesis  io  gave  rise  to  the 
notion  that  only  seventy  languages  are  current 
among  men. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 63 
tion,  the  complete  independence,   the  au-  inquiry  into  the 

"chief  good." 

tonomy,  of  morality,  is  conveyed  clearly  by 
the  audacious  idea,  that  as  a  moral  agent, 
man  is  his  own  creator.1 

From  all  that  has  gone  before  it  is  ob- 
vious that  in  the  statement  of  the  ultimate 
reason  of  morality  there  is  no  room  for  the 
utilitarian  principle,  whether  from  the  point 
of  view  of  the  individual  or  of  the  commu- 
nity. From  the  oldest  times  down  to  the 
present,  the  idea  of  utility  obtrudes  itself 
alike  in  the  popular  attitude  (as  expressed 
in  proverbs,  etc.)  and  in  the  systems  of 
ethics  pretending  to  be  scientific.  Utility 
is  represented  as  the  purpose  of  all  conduct 
regulated  by  moral  law,  and  is  therefore 
considered  its  true  reason.  This  notion  is 
alien  from  the  spirit  of  Judaism.  There- 
fore, too,  the  inquiry  into  the  "  chief  good," 
the  frequent  task  of  Greek  and  of  modern 
research,  is  not  Jewish.  Rabbinical  re- 
search on  the  aim  of  morality  asked,  not : 

1  Tanchuma  Ki  Tabo;  Vayikra  Rabbah,  ch.  35. 


1 64  THE  ETHICS  OF  JUDAISM 

What  is  the  "  chief  good  "  to  be  obtained 
by  man?  but:  Which  is  the  proper  path, 
the  good  path,  in  which  man  shall  walk? 
The  eye  of  the  thinker  was  fixed  upon  the 
rules,  not  upon  the  result,  of  moral  action.2 
■roe  good  things       §123-   Different    in    form   of   expression, 

of  life  a  conse- 
quence, not  the  jjut  essentially  (even  in  methodological  re- 
purpose,  of  moral  r    x 

00 sunon  ton  spects)  the  same,  this  attitude  prevails  in 
teristic  dictum,  the  search  after  and  in  the  statement  of  uni- 
versal notions  comprehending  all  the  phe- 
nomena of  the  moral  world.  We  are  taught 
on  what  the  world  (that  is,  the  moral  world) 
stands,  "  on  Law,  Worship,  and  Charity," 
and  by   what  it   is  sustained,   "  by  Truth, 

1  See  Aboth  2:  1  and  2:  13. 

2  Though  Micah's  brief  but  comprehensive  exhor- 
tation (6:8),  a  corner-stone  in  the  edifice  of  Juda- 
ism, proclaims  "  what  is  good,"  it  surely  is  not 
proper  to  derive  an  argument  from  it  with  regard  to 
the  scientific  statement  of  ethics.  Yet  there  can  be 
no  doubt  that  the  sentence,  in  all  its  simplicity  of 
form,  served  to  divert  the  attention  of  later  thinkers 
from  the  inquiry  into  the  "  chief  good,"  and  lead  it 
to  the  absolute  value  of  moral  conduct,  since  moral 
conduct  alone  is  called  "  good." 

3  Aboth  1:2. 


PR  INC T PL  E  OF  JE  WISH  E  THICS     1 6  5 

Justice,  and  Peace."  The  Jewish  doctrine 
of  ethics  is  not  a  doctrine  of  material  pos- 
sessions. If  the  good  things  of  life  are 
referred  to — and  the  Rabbis,  as  we  shall 
see  further  on,  know  their  value — they  are 
thought  of  as  advantageous  consequences 
of  moral  conduct,  not  as  the  purpose  aimed 
at,  not  as  the  motive.  In  connection  with 
this,  R.  Simon  ben  Yochai's  dictum  is  sig- 
nificant :  "  Beauty  and  strength,  riches, 
honor,  and  wisdom,  venerable  age  and  a 
numerous  progeny,  are  ornaments  to  the 
just  and  ornaments  to  the  world."  Liter- 
ally, they  are  nxj,  beautiful,  suitable,  be- 
coming to  the  just,  and  as  the  possessions 
of  the  just,  as  the  adjuncts  of  justice,  they 
adorn  the  world,  that  is,  the  moral  sphere. 

§124.   From  this  it  appears  that  the  chief,  Love  of  the 

morally  good 

or  to  speak  more  accurately,  the  only  true  $e-etaneei)se 
good  is  the  morally  good.     Or,  from  the 
point  of  view  of  man,  love  of  the  good, 
reverence  for  the  law,  and,  as  a  consequence 

xAboth\\\%.  2Aboth6:S. 


1 66  THE  ETHICS  OF  JUDAISM 

love  of  the  law,  are  the  possessions  for 
which  man  should  strive.  All  else  that  is 
beneficial,  agreeable,  useful,  and  expedient, 
and  hence  is  called  "  good,"  is  subordinate 
and  unessential.     In  a  word : 

Love  of  the  morally  good  alone  is  the  ethic 
of  life;  all  else  belongs  to  the  technic  of  life. 

In  theistic  language,  the  all-embracing 
ethic  of  life  is  love  of  God;  for  God  is  at 
once  the  Good  One  and  the  principle  of  the 
good.  What  we  can  grasp  concerning  his 
nature  are  notions  of  the  good,  perfect  pro- 
totypes of  the  good.  In  God  they  are  per- 
sonal attributes,  as  virtues  should  in  man 
become  permanent  attributes,  features  of 
character.  Again  and  again,  the  question, 
how  can  God  be  loved,  is  answered :  by  lov- 
ing the  good.  Intimately  connected  with 
this  thought  is  the  discussion  of  the  relation 
of  man's  conduct  to  its  consequences  on 
the  one  side,  and  to  the  absolute  dignity  of 
morality  on  the  other. 

§125.  The    Biblical     code,    the    Torah, 


PRINCIPLE  OF  JE  WISH  E THICS     1 67 
threatens  punishment  for  the  transgression  Reward  and 

punishment 

of  commands,  and  promises  reward  for  their  ~^1^trine 
fulfilment.     Yet  ethical  critics  go  far  afield 
when  they  deduce  therefrom  a  doctrine  of 
utility  as  the  reason  of  the  moral  law. 

It  must  be  borne  in  mind  that  the  Torah 
is  at  once  a  text-book  of  ethics  and  a  theo- 
cratic code.1  We  shall  treat  later  of  the 
ethical  teachings  and  their  relation  to  the 
doctrine  of  retribution.  As  for  the  laws 
proper,  whether  they  fall  under  the  head  of 
political,  civil,  or  penal,  they  one  and  all 
are  laws  of  the  theocratic  state,  rules  of 
conduct  meet  for  a  theocratically  governed 
people.  They  are  meant  to  regulate  the 
expressions  of  the  national  spirit  and  to 
convey  to  the  national  consciousness  the 
notions  by  virtue  of  which  individuals,  asso- 
ciations of  individuals,  families,  communi- 
ties, peoples,  society  as  a  whole,  join  the  life 

1  So  far  as  the  statement  of  motives  is  concerned, 
there  is  no  division.     The  ethical  and  the  state  laws     . 
are  simply  divine  ordinances  on  the  basis  of  absolute 
morality. 


1 68  THE  ETHICS  OF  JUDAISM 

spiritual  to  the  life  material.  They  assign 
boundaries  to  the  sporadic,  inconstant  im- 
pulses of  man,  systematize  them,  and  direct 
them  towards  higher  aims.  To  this  end 
the  religious  feelings  are  to  be  cultivated, 
and  the  dogmatic  notions  arising  from  and 
corresponding  to  them  are  to  be  preserved 
and  transmitted  inviolate  to  future  genera- 
tions. Though  rooted  in  religious  soil, 
they  are  treated  from  the  point  of  view  of 
public  law.  In  this  case,  law  is  religion  as 
well,  and  the  religious  standard  is  at  the 
same  time  the  law  of  the  state. 
Reward  and  §I26-  Therefore  reward  is  promised  and 
iWthoiogic  punishment  threatened  in  connection  with 

means  to  the 

fulfilment  of  fjie  ethical  and  religious  as  well  as  the  polit- 

the  law,  not  &  l 

its  reasons,  jcaj  ancj  c— j  jaws  Now,  does  it  mean  any- 
thing to  say  that  reward  and  punishment, 
natural  consequences  of  fulfilment  and 
transgression,  are  the  reasons  of  laws? 
When  the  modern  state  punishes  theft,  do 
we  call  the  punishment  of  the  evil-doer  the 
reason  of  the  law?     What  does  the  state 


PRINCIPLE  OF  JE  WISH  E  THICS     1 69 

teach,  demand,  or  decree,  the  avoidance  of 
punishment  or  the  equitable  treatment  of 
one's  neighbor  and  his  property?  The 
threat  of  punishment  and  the  promise  of 
reward  are  the  psychologic  means  to  secure 
the  fulfilment  of  laws,  never  the  reasons  of 
the  laws.  The  modern  state  is  in  the  habit 
of  wording  its  posters  thus :  "  Forbidden — 
Penalty  $5.00  " — no  mention  of  decency, 
justice,  or  other  moral  consideration.  Does 
it  follow  that  the  punishment  is  the  prin- 
ciple of  the  law?  The  state  needs  and  de- 
mands acts,  requires  that  its  citizens  do  or 
omit  to  do,  and  it  employs  various  means, 
among  theni  punishment,  to  secure  action. 
But  the  inner  reason  why  the  state  asks  for 
deeds,  the  ethical  idea,  is  not  adduced. 
Nowadays,  probably  to  gain  the  approba- 
tion of  the  law-making  powers,  motives  are 
often  added  to  proposed  laws,  but  in  the 
form  promulgated  laws  never  contain  their 
motives.  In  short,  a  code  is  not  a  text- 
book. 


170  THE  ETHICS  OF  JUDAISM 

The  modern  European  state  rests,  on  the 
whole,  upon  the  highest  moral  principles 
hitherto  known,  but  it  nowhere  formulates 
them  in  didactic  language,  in  universal,  ab- 
stract terms.  It  is  a  task  of  peculiar  diffi- 
culty to  discover  and  state  these  principles 
and  bring  them  into  such  prominence  that 
they  become  part  of  the  public  conscious- 
ness, to  be  applied  practically  in  improved 
legislation.  In  recent  times  jurists  and 
philosophers  have  devoted  themselves  to 
the  task,  and  among  the  Jews  it  was  the 
occupation  first  of  the  Prophets,  later  of 
many  a  Rabbi.  No  matter,  then,  what  one 
may  think  as  to  the  purpose  and  meaning 
of  punishment  in  the  doctrine  of  retribu- 
tion,1 it  is  certain  that  punishment  cannot 
be  regarded  as  the  reason  of  the  law. 
nor  motives  §127-  Biblical  language  sometimes,  it 
must  be  conceded,  accommodates  itself  to 
the  simple  thought  of  the  populace,  which 

1  The  Jewish  view  will  be  discussed  at  length  in 
the  section  on  law. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 7 1 

by  nature  and  by  nurture  has  a  leaning  to- 
wards utilitarianism.  To  urge  the  practice 
of  the  good,  a  reward  is  held  out;  to  deter 
from  the  bad,  punishment  is  threatened. 
But  so  far  from  constituting  reward  and 
punishment  the  real  reasons  of  the  law,  the 
Bible  does  not  even  represent  them  as  the 
real  motives  dominating  the  will.  "  Honor 
thy  father  and  thy  mother  that  thy  days 
may  be  prolonged,  and  that  it  may  go  well 
with  thee"  (Deut.  5:16;  Exod.  20:12), 
could  never  be  taken  to  mean :  you  shall 
live  long,  therefore  you  are  to  honor  father 
and  mother.  Rather  does  it  mean :  you 
desire  (by  nature)  to  live  long;  you  will 
attain  your  ideal  by  honoring  father  and 
mother.  Reward  is  mentioned  as  a  fact  of 
experience,  as  it  were,  as  a  natural  conse- 
quence. It  is  not  thought  of  as  a  motive, 
certainly  not  as  the  sole  or  ultimate 
motive. 

§128.   It  was  reserved  for  the  schools  of 
the    Rabbis    to    give   complete    expression 


172  THE  ETHICS  OF  JUDAISM 

Reward  and  to    the    meaning    and    purpose    of    reward 

punishment 

a  pedagogic  an(j    punishment    and    to    repudiate    per- 

measure  of  L  i  c 

the  Rabbis.  emptori]y  tne  jc|ea  tnat  retribution  may 
constitute  the  reason  of  a  law  or  a  motive 
of  action. 

It  cannot  be  denied  that  many  of  the 
Talmud  sages  deferred,  with  too  great  in- 
dulgence, to  the  naive  simplicity  of  the 
people,  who  value  every  action  according 
to  its  success.  Thus  they  were  led  to  dwell 
upon  reward  and  punishment  for  the  fulfil- 
ment and  the  violation  of  commands,  and 
represent  God's  justice  as  doling  out  meas- 
ure for  measure.  The  pedagogic  point  of 
view  prevailed.  The  great  mass  of  the 
people,  with  their  untutored  moral  sense, 
required  education  and  development  to  rise 
to  the  level  of  pure  morality,  and  even 
when  regarded  from  the  heights  of  the  most 
rigorous  moral  doctrine,  life  yields  the  ex- 
perience that  there  is  no  true  happiness,  no 
well-being,  etc.;  without  morality.  To  make 
it  appear,  however,  that  morality  is  a  pre- 


PRINCIPLE  OF  JE  WISH  E  THICS     1 7  3 

requisite,  a  necessary  condition,  of  happi- 
ness, is  a  concession  to  man's  natural  in- 
stincts. This  is  the  point  of  view  first  of 
all  urged  upon  individuals  occupying  a 
lower  plane,  to  bring  home  to  them  the 
value  and  significance  of  morality.  The 
good  is  recommended  by  its  profitable  con- 
sequences, the  bad  is  made  abhorrent  by 
the  evils  arising  from  it.  For  the  object 
aimed  at  is  to  direct  the  mind  to  the  results 
of  action,  and  so  produce  thought,  increase 
the  efficacy  of  conscience,  and  implant  and 
cultivate  an  obedient  spirit.  The  point  of 
departure  is  the  familiar  psychologic  pre- 
mise that,  no  matter  from  \>  hat  motive  the 
good  may  be  practised,  personal  experi- 
ence with  the  good  will  induce  recognition 
of  its  ideal  value,  and  teach  that  it  is  to  be 
esteemed  and  sought  for  its  own  sake. 
"  Doing  a  thing  from  an  extraneous  motive 
leads  to  doing  it  for  its  own  sake."  ' 

1  TXCXh   N3   mw6  tibv  "\\T\D-     See  Appendix  No. 
26,  p.  296. 


174  THE  ETHICS  OF  JUDAISM 

The  Rabbis  repu-       §129.   Pedagogically,  then,  it  may  be  jus- 

diate  all  by- 

purfu?mmentof  tifiable  to  recommend  obedience  to  moral 
behests  on  account  of  the  reward  gained 
and  the  punishment  averted.  The  danger, 
however,  of  never  getting  beyond  this  con- 
ception of  the  nature  of  morality  is  not 
slight,  and  from  the  purely  ethical  point  of 
view  the  attitude  is  reprehensible.  But 
beside  the  references  to  reward  and  punish- 
ment in  Rabbinical  literature  stand  numer- 
ous sayings  which  repudiate  alike  the  idea 
that  reward  is  the  reason  of  the  law  and 
that  it  is  the  motive  of  its  fulfilment,  and 
these  sayings  were  well-known  and  univer- 
sally endorsed.  The  oldest  representative 
of  the  specifically  Rabbinical  mode  of 
thought,  if  not  its  originator,  was  Antigo- 
nos  of  Socho,  the  immediate  successor  to 
Simon  the  Just,  and  he  was  the  author  of 
the  sentence :  "  Be  not  like  unto  servants 
who  serve  their  master  with  a  view  to 
recompense,  but  be  like  unto  servants  who 
serve  their  master  without  the  expectation 


PRINCIPLE  OF  JE  WISH  E  THICS     1 75 

of  reward,  and  let  the  fear  of  heaven  be 
upon  you."  * 

This  decided  rejection  of  every  by-pur- 
pose in  the  fulfilment  of  the  law  is  echoed 
by  Rabbi  after  Rabbi.  Take,  for  instance, 
the  severe  condemnation  of  a  low  moral 
ideal  by  R.  Pinchas  and  R.  Simon,2  or  again 
in  Sifre:  Let  none  fulfil  the  law  with  the 
idea  of  receiving  a  reward  or  reaping  bene- 
fit; but  "whatever  you  do,  let  it  be  done 
from  love  alone."  3 

§130.   But  unconnected  sayings  are  not  Reward  of  one 

good  deed 

final.  The  important  consideration  is  that  ^hergood 
the  Rabbinical  view  of  life  as  a  whole  is  in- 
stinct with  the  thought  that  the  reward  of 
a  good  deed  is  not  an  external,  material, 
or  other  sort  of  natural  consequence,  but 
its  necessary  result — another  good  deed. 
As  evil,  unatoned  for,  unexpiated,  or  unfor- 

1  Aboth  1 :  3. 

*}10,D.     Vayikra  Rabbah,  ch.  36. 

3  mnso  &6x  v&vn  ah  nwa  onx^  no  ^o.    Sifre 

Debarim,  §41. 


1 76  THE  E  THICS  OF  J I  DA  ISM 

given,  must  "  beget  an  endless  chain  of 
evils,"  so  the  true,  felicitous  result  of  a  good 
deed,  the  only  result  becoming  the  dignity 
of  morality,  is  to  generate  the  good,  from 
various  psychologic  reasons,  in  its  ori- 
ginator or  in  another  individual.  This  dis- 
cussion on  the  reward  of  the  good  and  the 
punishment  of  the  bad  may  fitly  be  summed 
up  in  Ben  Azai's  saying:  "  One  good  deed 
brings  another  in  its  train,  as  one  transgres- 
sion brings  another;  for  the  reward  of  a 
good  deed  is  a  good  deed,  and  the  reward 
of  sin  is  sin."  ! 
Reward  and       §131.   It  is  proper  to  make  mention  of 

punishment  not 

intlSnce^but  wliat  thinkers  of  profound  ethical  insight 
effects  subject  ^ave  fe^  -m  connection  with  the  above  and 

in  opposition  to  the  popular  view.  In  their 
opinion,  the  regulation  of  the  moral  order 
by  means  of  reward  and  punishment  is  not 
due  to  a  succession  of  special  acts  of  inter- 
ference, in  the  sphere  of  human  life  and 
activity,  by  the  supreme  governing  power; 

1  A  both  4:2. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 77 

but  they  conceived  it  as  a  general,  fixed  sys- 
tem subject  to  ethical  law  and  therefore 
comparable  to  the  course  of  events  in  the 
material  world.  R.  Eleazar  said :  "  Since  the 
Holy  One,  blessed  be  he,  has  spoken  thus 
('  See,  I  set  before  you  this  day  a  blessing 
and  a  curse,  a  blessing  if  ye  obey  the  com- 
mandments, and  a  curse  if  ye  transgress 
them  '),  the  good  and  the  evil  fortunes  of 
men  have  ceased  to  issue  from  the  mouth 
of  the  Most  High.  Evil  comes  of  itself 
upon  the  evil-doer,  and  good  upon  him  who 
doeth  the  good " ' — a  necessary  conse- 
quence of  the  view  that  the  reward  of  vir- 
tue and  the  punishment  of  vice  are  unal- 
terably appointed,  and  regularly  lie  within 
them. 

§132.  This  leads  to  the  thought,  incon-  The  laws  of 

nature  not 

trovertible  from  an  ethical  point   of  view  affected  by 

*  the  moral  order 

and  based  upon  experience,  that  the  world  ofexlstence- 
of  nature  is  radically  distinct  from  the  moral 
world.     In  the  natural  course  of  events,  the 

1  Debarim  Rabbah,  ch.  4. 


178  THE  ETHICS  OF  JUDAISM 

one  does  not  encroach  upon  the  other. 
Only  through  the  mediation  of  a  being  like 
man,  part  intellectual,  part  moral,  and  at 
the  same  time  endowed  with  natural 
powers,  the  two  may  overlap  each*  other. 
To  the  extent  to  which  he  controls  the 
forces  of  nature  and  makes  them  subserve 
his  ends,  man,  by  virtue  of  his  intellect, 
may  of  set  purpose  interfere  in  the  course 
of  natural  events  with  his  ethical  (moral 
or  immoral)  volition.  Left  to  itself,  the 
moral  order  of  existence  runs  parallel  with 
the  law-regulated  course  of  the  world.  In 
its  sphere  the  law  of  nature  prevails  unham- 
pered and  untouched,  as  the  moral  law 
reigns  with  undisputed  authority  in  its 
sphere.1  "  Stolen  seed  sprouts  and  grows 
as  healthily  as  seed  honestly  acquired,  pro- 
vided natural  conditions  are  equally  favor- 
able.    The  child  born  in   sin  develops   in 

1 A  chapter  will  be  devoted  to  the  relation  of 
morality  to  nature.  The  above  aspect  of  the  relation 
could  not  be  omitted  here  in  stating  the  foundation 
of  ethics. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 79 

accordance  with  the  laws  of  nature  as  well 
as  the  child  born  in  lawful  wedlock." 
Events  succeed  each  other  in  their  own 
fixed  way,  without  regard  to  man's  posi- 
tively or  negatively  ethical  desire.  Error 
and  malice,  or  intelligence  and  virtue  may, 
in  the  one  case,  abuse  the  forces  of  nature, 
in  the  other,  use  them  to  good  advantage, 
but  they  cannot  change  the  laws  to  which 
the  forces  of  nature  are  subject.  It  neces- 
sarily follows  that  natural  events  and  their 
consequences  cannot  contain  the  motives 
of  ethical  action,  certainly  not  the  reason 
for  the  moral  law. 

§133.  We  have  considered  two  systems  Relation  of 

Judaism  to 

of  ethics  in  relation  to  Judaism :  utilitarian-  eudsemonism. 
ism,  whose  principle  is  usefulness,  and  the 
doctrine  based  upon  reward  and  punish- 
ment (whether  they  are  appointed  by  a 
Divine  Power,  or  follow  as  the  natural  re- 
sults of  man's  actions).  Higher  than  either 
is  the  system  of  morals  known  as  eudae- 

^Abodah  Zarah  54**. 


180  THE  ETHICS  OF  JUDAISM 

monism,  the  system  that  sets  up  man's  hap- 
piness as  the  goal,  and  therefore  makes  it 
the  principle  of  morality.  In  view  of  the 
historic  fact  that  most  ethical  systems  have 
had  a  eudaemonistic  character,  it  is  incum- 
bent upon  us  to  state  the  relation  of  Juda- 
ism to  eudaemonism.  We  may  limit  our- 
selves to  the  consideration  of  the  most  es- 
sential points,  which  appear  equally  in  all 
the  various  forms  eudaemonism  has  as- 
sumed in  literature,  the  more  so  as  Judaism 
accepts  this  principle  as  little  as  the  others. 
Explanation  of      §134-   Happiness  is  the  inclusive  term  for 

eudaemonism 

and  its  tasks,  the  highest  state  of  well-being,  content- 
ment, and  enjoyment  attainable  by  man. 
Therefore,  according  to  eudaemonistic 
teaching,  happiness  is  the  goal  of  all  human 
effort.  However  different  the  inclinations 
and  desires  of  men,  when  once  they  rise 
above  the  satisfaction  of  the  lowest  needs, 
they  form  part  of,  or  are  preliminary  to,  the 
effort  for  happiness.  This  goal  is  reached 
by  way  of  morality.     Accordingly,   ethics 


PRINCIPLE  OF  JE  WISH  E  THICS     1 8 1 


as  a  theory  of  happiness  has  the  following 
tasks : 

i.  It  has  to  explain  wherein  happiness 
consists;  for  the  opinions  of  men  diverge 
greatly  on  this  subject,  and  it  is  the  prov- 
ince of  science  to  enlighten  them  and  lead 
them  to  an  understanding  of  what  is  the 
most  perfect  and  the  worthiest  state  attain- 
able. 

2.  It  is  to  demonstrate  that  the  highest 
state  can  be  reached  only  by  morality,  that 
is,  by  moral  cognition,  principles,  and  con- 
duct. 

3.  Finally  and  chiefly,  it  is  to  state  the 
laws  whose  execution  constitutes  morality, 
and  through  which  happiness  is  secured. 

§135.  It  is  proper  to  admit  that  eudae-  its  essential  basis. 
monistic  ethics,  like  the  other  systems, 
grants  room  within  its  theory  to  the  purest 
and  noblest  commands,  and,  moreover,  its 
principles  have  been  professed  by  men  of 
the  most  exalted  character.  Again,  critical 
study  of  the  history  of  ethical  doctrines  re- 


1 82  THE  ETHICS  OF  JUDAISM 

veals  that  the  various  systems  differ  from 
one  another,  not  so  much  in  their  concrete 
content,  that  is,  in  what  they  command  to 
do  or  to  leave  undone,  as  in  the  primary 
principle  that  is  held  up  as  the  goal  of  mo- 
rality. 

The  essential  basis  of  eudaemonism  is 
this:  Every  being,  at  every  moment,  is  in 
a  certain  state,  relatively  better  or  worse, 
and  his  efforts  are  directed  towards  the 
better.  Our  personal  experience  vividly 
illustrates  this  general  statement :  man  is 
constantly  classifying  his  condition  under 
well-being  or  discomfort,  perfection  or 
want,  enjoyment  or  discontent.  Natur- 
ally, then,  the  desire  for  satisfaction  (and 
avoidance  of  the  opposite)  is  the  impulse 
underlying  every  motion  and  manifestation 
of  life,  and  this  impulse  accompanies  all 
activity  incident  to  the  development  of  our 
powers  and  constituting  the  whole  of  our 
career.  Then  the  aim  of  all  effort  is  the 
state   of  perfect  well-being,  of  completes! 


PRINCIPLE  OF  JE  WISH  E THICS     1 83 

satisfaction,  to  which  we  give  the  name  hap- 
piness. Hence  the  most  moral  conduct  is 
that  which  brings  about  this  complete  sat- 
isfaction. But  according  to  the  eudae- 
monistic  theory  it  is  the  most  moral,  be- 
cause it  brings  about  complete  satisfaction, 
and  because  it  thereby  responds  best  to  the 
natural  impulse  towards  action.  The  satis- 
faction of  man  or  his  happiness,  then,  is 
the  reason  which  renders  moral  the  action 
calculated  to  effect  his  happiness. 

§136.  On  the  other  hand,  we  have  the  opposition 

between 

view  advanced,  as  was  shown  above,  by  the  ""J*"^™? 

'       J  and  Judaism. 

Jewish  spirit  and  Jewish  ethics,  that  the 
reason  and  the  goal  of  morality  lie  within 
itself.  Not  a  state  to  be  reached,  not  a 
good  to  be  won,  not  an  evil  to  be  warded 
off,  is  the  impelling  force,  the  binding 
reason  of  morality,  but  itself  furnishes  the 
creative  impulse,  the  commanding,  supreme 
authority.  True,  the  most  moral  conduct 
often  affords  the  highest  satisfaction,  but 
not  because  it  confers  happiness  is  it  moral ; 


1 84  THE  ETHICS  OF  JUDAISM 

because  it  is  moral,  it  confers  happiness. 
The  simplest  argument  in  favor  of  the 
theory  opposed  to  eudaemonism  is  the  fact 
that  the  spirit  of  morality  may  demand  a 
course  of  conduct  in  contradiction,  not  only 
to  the  desire  for  satisfaction,  but  even  to 
the  more  deep-seated  instinct  of  self-preser- 
vation, for  it  may  become  a  duty  to  sacrifice 
one's  own  life.  The  sacrifice  of  one's  own 
life  for  ethical  reasons  can  in  no  wise  be  said 
to  be  a  satisfaction,  but  it  may  certainly  be 
looked  upon  as  an  act  of  highest  morality. 
Happiness  and      §137-  In  consideration  of  many  facts,  but 

bliss;  this  world  ,  , 

and  the  next,  especially  of  the  above,  the  eudaemonistic 
theory  steps  beyond  the  boundary  of  earthly 
life,  and  takes  refuge  in  the  hereafter,  where 
true,  perfect  satisfaction,  where  "  bliss " 
awaits  us  as  the  result  and  object  of  moral 
conduct  in  this  life.  The  position  of  Juda- 
ism, particularly  as  represented  by  the  Rab- 
bis, with  regard  to  these  contradictory  prin- 
ciples is  clearly  laid  down  in  two  of  R. 
Jacob's  sayings. 


PRINCIPLE  OF  JE  WISH  E  THICS     1 8  5 

"  This  world,"  he  says,  "  is  the  antecham- 
ber of  the  world  to  come.  Prepare  thyself 
in  the  antechamber  that  thou  mayest  be  ad- 
mitted into  the  banqueting  hall," '  that  is, 
lead  a  moral  life  on  earth  in  order  to  be 
worthy  and  capable  of  enjoying  the  bliss  of 
the  hereafter.  Thus  a  connection  is  admitted 
between  life  on  earth  and  a  future  life  (of 
which  earlier  stages  of  Jewish  thought  took 
little  cognizance).  Morality  here  below 
corresponds  to  bliss  hereafter.  The  discus- 
sion on  morality,  then,  should  consider  man 
not  as  a  mortal,  but  as  an  immortal  being. 

§138.  The  notion  of  the  hereafter  and  of  The  idea  of 

the  hereafter 

the  bliss  of  the  future  life,  though  all  higher  inadequately 

°  o  developed. 

religions  own  it,  has  been  but  meagrely  de- 
veloped. Later  Jewish  literature  also  con- 
fines itself  to  a  repudiation  of  all  material 
forms  of  life  and  pleasure  in  the  world  to 
come,  and  makes  no  attempt  to  outline  a 
picture  of  the  spiritual  state  expected,  for, 
in  our  ethical  survey,  we  may  surely  leave 

1  Aboth  4:  16  scq. 


1 86  THE  ETHICS  OF  JUDAISM 

out  of  account  the  naive,  childish,  or  mystic 
and  allegoric  ideas  cherished  by  the  popu- 
lace. The  lack  is  comprehensible.  We 
have  absolutely  no  experience  regarding 
the  nature  and  the  condition  of  the  soul  in 
a  future  life.  Fancy,  though  re-enforced 
by  dogma,  requires  living  sources  of  knowl- 
edge. In  this  case,  it  is  and  always  has 
been  limited  to  idealizing  inferences  and 
idealistic  suppositions  based  upon  spiritual 
living  in  this  world.1 
a  critical  point:       §139-   It  is  necessary  to  touch,  however 

the  philosophy  of 

and  ofsocictal  ^S^ty*  uPon  an  ethically  weak  point  in 
utasaadoi  even  the  purest  and  loftiest  of  the  accepted 
ideas  concerning  the  bliss  of  the  future  life. 
All  the  speculations  on  the  life  hereafter 
take  into  account  only  the  individual,  but 
in  the  morality  of  this  world  society  occu- 
pies the  place  of  chief  consideration.     As 

1  Even  so  sober  a  thinker  and  logical  a  psycholo- 
gist as  Herbart  indulges  in  them.  See  Lehrbuch  der 
Psychologie ;  Gesammclte  Werke,  vol  v,  §§  246-252,  p. 
171  seq.  [A  Text-Book  in  Psychology;  trl.  by  Mar- 
garet K.  Smith,  p.  197.] 


PRINCIPLE  OF  JE  WISH  E THICS     1 87 

was  pointed  out  above,  and  as  we  shall  see 
later  on  more  in  detail,  ethics  is,  if  not 
wholly,  at  all  events  pre-eminently  social 
ethics.  The  dogma  of  the  hereafter  is  based 
solely  upon  a  philosophy  of  the  ego,  but 
true  recognition  of  man's  destiny  in  this 
world  can  be  reached  only  on  the  basis  of 
a  social  philosophy.  The  same  R.  Jacob 
who  regarded  this  world  as  the  antecham- 
ber of  the  next  gave  strikingly  clear  and 
precise  expression  to  the  position  of  Juda- 
ism in  the  question  concerning  the  fitness 
of  eudaemonism  to  serve  as  the  first  princi- 
ple of  ethics.  He  indicates  the  relative 
value  of  happiness  in  this  life  and  the  bliss 
of  the  future  life,  and  at  the  same  time  the 
exalted  value  and  supreme  dignity  attach- 
ing to  moral  conduct.  The  real  meaning 
of  his  words  lies  in  this,  that  by  the  manner 
of  the  comparison  of  temporal  happiness 
with  eternal  bliss  he  forces  into  promi- 
nence the  idea  that  the  value  of  morality  is 
not   comparable  with  anything  else.     His 


1 88  THE  E THICS  OF  JUDA  ISM 

words  are :  "  Better  '  is  one  hour  of  bliss  in 
the  world  to  come  than  all  the  life  (which 
includes  happiness)  of  this  world;  but  better 
is  one  hour  of  repentance  and  good  works 
in  this  world  than  all  the  life  of  the  world 
to  come."  ' 

1  The  word  used  is  fifi*,  that  is,  more  beautiful, 
which  shows  that  the  author  was  familiar  with  Hel- 
lenic culture  and  mode  of  speech.  That  the  same  is 
true  of  the  author  of  Ecclesiastes  is  evident  from 
Eccles.  5:  17,  where  the  association  of  the  good 
with  the  beautiful,  "  the  good  which  is  comely,"  is 
an  unmistakable  suggestion  of  the  Greek  naAomyaOoq 
(the  spiritually  beautiful). 

2  Aboth  4:  17  seq. 


CHAPTER  III 
The  Character  of  Jewish  Ethics 
§140.  Though  its  first  appeal  was  to  the  The  ethics  of 

Judaism 

nation  whose  language  it  spoke,  yet  the  KJjJJ^}1' not 
ethics  of  Judaism,  even  in  its  oldest  form, 
was  pre-eminently  social.  In  its  essentials, 
in  its  fundamental  thought  defining  the 
reason  and  aim  of  morality,  it  was  not  na- 
tional, but  universal  ethics.  In  other 
words,  moral  knowledge  was  not  held  to 
have  been  created  for  Israel  alone;  it  was 
for  the  world  at  large.  The  ideals  of  cor- 
rect conduct  were  proclaimed,  not  only  for 
the  members  of  the  race  in  the  midst  of 
which  they  were  conceived,  but  for  the 
whole  of  mankind.  That  mankind  may 
unite  in  the  effort  to  grasp  and  realize  these 
ideals  is  the  burden  of  the  most  important 
prayers,  the  object  of  the  unstilled  longing, 
of  the  ever-renewed  hope  of  all  noble  souls. 


190  THE  ETHICS  OF  JUDAISM 

The  theory  of      §  141.  Among  the  Jews,  more  than  among 

life  n  unit. 

other  nations,  the  tendency  of  thought  is 
towards  complete,  all-inclusive  unity.  This 
aiming  at  a  unified  theory  embracing  all 
that  can  occupy  the  mind  of  man  has  been 
visited  with  censure,1  but  the  Jewish  nation 
need  not  be  disturbed  about  it.  The  re- 
sults of  this  unified  theory  of  life  in  refining 
and  deepening  the  ethical  ideal  are  unde- 
niably great;  it  raises  the  moral  spirit  to  its 
meridian  height,  whence  it  scatters  all  the 
shadows  that  gather  beneath.     The  most 

1  Renan  in  his  earlier  writings' (1859).  Many,  even 
in  Germany,  echoed  his  opinions.  He  himself  rose 
to  a  more  liberal  as  well  as  profounder  view.  See 
Steinthal,  Zur  Charakteristik  der  scmitischcn  Vblker 
in  vol.  1  of  the  Zeitschrift  fur  Vblker  psychologic  und 
S prachwissenschaft,  pp.  328-345  (evoked  by  Renan's 
Nouvellcs  considerations  sur  le  caractere  general  dcs 
peuples  semitiques  et  en  particulier  sur  leur  tendance 
au  monotheisme) .  On  the  other  hand,  comp.  Renan's 
writings,  1882-83:  Le  Judaisme  et  le  Christ  ianisme,  and 
Le  Judaisme  comme  race  et  comme  religion.  Also,  Ju- 
denthum  und  Christenthum  und  ihre  Zukunft,  by  Dr. 
Albert  Friedrich  Berner,  Privy  Councillor  of  Jus- 
tice, professor  at  the  University  of  Berlin.  Leipsic, 
1891.     pp.  8-15. 


CHAR  A  CTER  OF  JE  WISH  £  THICS    1 9 1 

beneficent  effect  of  the  tendency  towards 
unity  is  visible  in  the  cognition  of  the  one- 
ness of  God,  the  oneness  of  the  world,  and 
the  oneness  of  humanity. 

§142.  We  are  here  not  concerned  with  oneness  and 

universality  of 

the  theologic  and  the  inestimable  religious  the  God  idea. 
importance  of  the  cognition  of  God's  one- 
ness. It  suffices  to  point  out  the  fact  that 
deities,  with  opposite  attributes,  ruling  at 
the  same  time  over  adjacent  spheres  and 
after  each  other  over  the  same,  are  not 
divine.  The  true  God  idea  becomes  possi- 
ble only  with  the  cognition  of  absolute  uni- 
ty. When  different  peoples  own  different 
gods,  each  is  necessarily  the  god  of  his 
people,  a  national  god.  God  acknowledged 
as  One,  beside  whom  there  is  no  other, 
cannot  be  national.  With  the  growth  of 
knowledge,  with  the  deepening  of  the  reli- 
gious idea,  national  limitations  drop  away 
from  the  concept  of  God.  A  spiritual  at- 
tainment can  be  reached  only  by  many  ef- 
forts, with  gradual  advances,  and  after  fre- 


I92  THE  ETHICS  OF  JUDAISM 

quent  lapses.  So  the  God  idea  as  conceived 
by  the  Jewish  race  had  a  long,  vicissitudi- 
nous  history  of  spiritual  striving  and  pas- 
sionate conflict,  until,  purged  of  all  earthly 
dross  in  the  flaming  hearts  of  the  Prophets, 
and  liberated  from  the  inherited  shackles 
of  thought,  it  so  illumined,  with  its  purity 
and  sublimity,  the  soul  of  the  Jewish  people 
that  Israel  was  fitted  to  become  a  "  light  of 
the  nations  "  (Is.  42 :  6).  Israel  at  this' 
height  did  not  acknowledge  a  God  of  its 
own,  but  it  acknowledged  the  God  of  the 
whole  world  and  of  all  peoples  as  its  own; 
and  to  the  other  nations  it  brought  not  its 
own,  but  their  own  God.  It  revealed  God 
to  them  as  the  One  and  as  the  God  of  all, 
because  it  had  found  him  within  itself  and 
itself  in  him. 
Thence  the  notion      §143-   Nature  as  a  whole  can  likewise  be 

of  the  unity 

of  the  world,  comprehended  only  in  her  unity.  So  long 
as  her  various  phenomena,  her  formations, 
and  her  forces  are  conceived  as  gods,  dis- 
tinct   entities,    as    in    the    heathen    myths, 


CHA  RA  C  TER  OF  JE  WISH  E  THICS    1 Q  3 

there  can  be  no  notion  of  the  world  in  its 
totality,  of  the  universe.  It  may  be  as- 
serted as  a  fact,  that  out  of  the  notion  of 
God  as  the  One  and  the  creator  of  all  things 
in  nature  the  notion  of  one  universe  grad- 
ually developed.  Without  reference  to  re- 
ligious concepts,  compelled  by  the  logic  of 
the  notion  of  God's  oneness,  the  notion  of 
world-oneness  emerges;  intellect  grows, 
man's  horizon  widens,  insight  becomes 
keener,  barriers  fall,  divisions  cease.  Ac- 
cordingly, monotheists  of  earliest  times — 
Melchizedek  in  blessing  Abraham,  Moses  in 
his  farewell  song,  and  Isaiah  in  his  great 
denunciatory  address — call  heaven  to  wit- 
ness together  with  earth,  and  the  Psalm- 
ists' descriptions  of  the  universe  are  un- 
equaled  for  grandeur  and  unity.1 

§144.  God  is  the  creator,  not  only  of  na-  unity  of  mankind 

as  an  ethical 

ture,  but  of  man,  of  all  men.     All  are  de-  £e*?mon£"!e 

'  Rabbis.     Akiba 

scendants  of  a  single  couple  created  by  God.  and  Ben  Azai" 

1  Comp.  Alexander  v.  Humboldt,  Kosmos,  vol.  11, 
p.  45  seq. 


I94  THE  ETHICS  OF  JUDAISM 

This  thought  the  Rabbis  turned  to  ethical 
use.  The  unity  of  mankind  is  considered 
by  them  from  various  points  of  view :  it  is 
seen  and  proclaimed  to  be  an  idea  fraught 
with  ethical  consequences;  but  at  the  same 
time,  they  recognize  clearly  that,  though 
stated  from  the  first  as  a  simple  fact,  it  in- 
volves moral  requirements,  promises,  and 
hopes,  which  only  the  future  can  and  shall 
fulfil.  Akiba  designated  the  injunction, 
"  Love  thy  neighbor  as  thyself "  (Lev. 
191.18)  as  the  fundamental  principle  of  the 
code.  Ben  Azai  maintained  that  the  sen- 
tence, "  This  is  the  book  of  the  generations 
of  man  "  (Gen.  5:1),  contains  a  more  com- 
prehensive principle.  The  words,  "  of 
man,"  mean  all  men  in  their  unity  and 
equality,  for,  as  the  same  verse  continues, 
all  are  created  "  in  the  likeness  of  God." 
§145.  Keeping  pace  with  the  universal 

1  See  Sifra  Kedoshim,  ch.  4;  Jerusalem  Nedarim 
9:3.  So  early  an  authority  as  Abraham  ibn  Daud 
gives  this  reason  for  Ben  Azai's  opinion.  See  Ap- 
pendix No.  27,  p.  301. 


CHAR  A  CTER  OF  JE  WISH  ETHICS    195 
theory  of  life,  primary  ethical  principles  de-  unity  and 

equality.    The 

veloped   within    Judaism,   and   produced   a  universally 

r  J  *  human. 

conception  of  the  history  of  mankind,  at 
once  suggestive  and  beneficent,  that  broke 
through  the  barriers  of  nationality.  We 
shall  see  how,  from  the  unity  of  mankind, 
the  equality  of  all  nations  was  deduced,  and 
furthermore,  within  the  ranks  of  each  na- 
tion, the  equality  of  all  its  members.  One 
law  for  all — no  hereditary  privileges  for  the 
one  or  the  other  estate  or  family.  A  doc- 
trine of  ethics  with  aristocratic  leanings 
could  obtain  no  prevalence.  The  injunc- 
tions in  Proverbs,  the  philosophic  reflec- 
tions in  Ecclesiastes,  the  problem  of  life  in 
Job,  are  all  stated  in  broadly  human  terms; 
the  author's  race  is  never  mentioned. 
Again,  the  Prophet  {e.  g.  Micah.  6:8),  when 
he  formulates  the  requirements  of  the  idea 
in  the  name  of  God,  addresses  man  (din); 
the  Psalmist's  fundamental  doctrines  (Ps. 
15)  are  of  universally  human  bearing;  and, 
finally,  the  same  liberality  and  elevation  of 


196  THE  ETHICS  OE  JUDAISM 

thought  characterize  the  fundamental  works 
of  the  Rabbinical  period.     In  the  Mishnah, 
for  instance,  in  the  Ethics  of  the  Fathers?  all 
admonitions  are  addressed  to  "  man." 
The  establish-       §146.  For,  the  primary  principle  of  Juda- 

ment  of  the 

moral  world  jsm    as   conceived   alike   by    Prophet   and 

the  calling  of  J  1 

XTerTmember  Rabbi,  is  this  :    In  contrast  with  the  ordi- 

of  the  nation,  , 

from  the  "Eiders"  nary  life  of  man,  built  up  on  the  basis  of 

to  the  hewers  "  A 

drawees  o7 wat"^  natural  conditions  and  natural  instincts,  a 
new  inner  world  is  demanded,  a  spiritual 
and  moral  order  of  existence,  leading  neces- 
sarily to  the  spiritual  union  of  all.  The 
whole  of  mankind  is  called  to  co-operate  in 
the  establishment  of  the  moral  order,  in 
the  moulding  of  the  world  of  ideas,  and 
their  realization  in  actual  life. 

In  the  first  place,  every  member  of 
Israel's  communion,  without  distinction  or 
exception  owes  this  duty.  In  Deuteron- 
omy (29 : 9  seq.)  all  are  addressed :  the  cap- 
tains, the  tribes,  the  elders,  and  the  officers, 

1  Especially   the   earlier   chapters,   which   are    the 
older  ones. 


CHAR  A  CTER  OF  JE  WISH  E  THICS    1 97 

all  the  men  of  Israel,  with  their  little  ones, 
their  wives,  and  the  stranger  in  the  camp, 
even  the  lowliest  in  rank  and  occupation, 
the  very  hewers  of  wood  and  drawers  of 
water — all  are  to  be  united  with  one  an- 
other by  the  bond  of  a  common  calling. 
They  are  to  be  constituted  a  "  people  "  (  nvb 
from  Dor,  "to  connect,"  "to  unite"; 
29:12),  they  together  with  their  descend- 
ants of  later  generations  (vv.  13  and  14). 
The  members  of  a  generation  and  their 
posterity,  those  present  and  the  absent,  the 
living  and  those  yet  unborn,  all  together 
work  at  the  same,  at  a  common  vocation. 
Deuteronomy  29 :  29  also  points  to  the  fu- 
ture :  "  The  secret  things  belong  to  the 
Lord  our  God,  but  those  things  which  are 
revealed  belong  unto  us  and  our  children 
forever."  *  The  developments  of  the  idea 
that  are  still  hidden  have  no  binding  force; 
like  all  undiscovered  truth  they  lie  in  the 

1  It  is  remarkable  that  D?ll?  IV  does  not  appear  in 
Mendelssohn's  translation. 


198  THE  ETHICS  OF  JUDAISM 

bosom  of  God.  But  what  has  been  revealed, 
what  has  become  part  of  any  individual's 
moral  consciousness,  and  has  passed  into 
the  state  of  moral  cognition,  is  binding  for 
all  times,  and  rests  as  a  duty  upon  mankind, 
rank  and  file.1 
The  "stranger."      §147-  The  stranger  is  mentioned  above, 

His  rights  rest  on 

religious  grounds.  {n  the  passage  from  Deuteronomy,  as  a 
matter  of  course,  along  with  the  other 
classes  of  the  people.  If  he  has  the  oppor- 
tunity to  acquire  ethical  knowledge  and 
experience,  he  is  not  only  entitled,  but 
called  upon  to  enter  into  the  ethical  com- 
munion. This  relation  of  the  stranger  to 
moral  law  and  order  is  plainly  stated  in 
many  passages  in  the  code.  The  following 
offers  no  possibility  of  misconstruction : 
"  O  Congregation !  one  ordinance  shall  be 
for  you  and  also  for  the  stranger  that  so- 
journeth  with  you,  an  ordinance  forever  in 
your  generations :  as  ye  are,  so  shall  the 
stranger  be  before  the  Lord.     One  law  and 

1  See  Rashi  on  this  passage. 


CHA  RA  CTER  OF  JE  WISH  E  THICS    1 99 

one  manner  shall  be  for  you,  and  for  the 
stranger  that  sojourneth  with  you  "  (Num. 
15:  15  seq.).  In  connection  with  this  take 
Numbers  9:14,  and  with  regard  to*  civil 
rights,  Leviticus  24 :  22,  where  it  is  said : 
"  Ye  shall  have  one  manner  of  law  as  well 
for  the  stranger  as  for.  one  of  your  own 
country."  The  end  of  the  verse,  "  for  I 
am  the  Lord  your  God,"  puts  the  civil  stat- 
ute upon  a  religious  basis.  •  In  a  word,  be- 
fore God  there  is  no  such  thing  as  a 
"  stranger." 

§148.    The    fate    Of    the    Israelitish    people  Universal  char- 
acter of  the 

and  the  conduct  of  the  surrounding  ^PropheTs0* 
heathen,  especially  their  idolatry  and  its  im- 
moral practices,  had  necessitated  laying 
stress  upon  national  segregation.  But  the 
ideal  visions  of  the  future  conceived  by  the 
most  exalted  of  the  Prophets  were  lumi- 
nous and  forcible  in  conveying  the  univer- 
sality of  their  point  of  view.  Jeremiah 
who,  in  telling  of  his  call,  describes  himself 
as  a  Prophet,  not  unto  Israel  alone,  but 


200  THE  ETHICS  OF  JUDAISM 

"  unto  the  nations  "  (Jer.  I  :  5),  proclaims  a 
new  covenant,  to  be  "  written  in  the  inward 
parts  and  in  the  hearts,"  instead  of  the  old 
one  based  upon  exclusively  national  events 
(Jer.  31  :  30-32).  He  thus  derived  the  ethical 
task  from  human  nature,  from  the  notion 
innate  in  man.  With  prophetic  vision,  the 
second  Isaiah  foretold  that  in  the  future 
even  the  specifically  religious  vocation  will 
be  espoused  equally  by  all  peoples.  "  Keep 
ye  judgment,  and  do  justice :  for  my  salva- 
tion is  near  to  come,  and  my  righteousness 
to  be  revealed.  Blessed  is  the  man  (s?ux) 
that  doeth  this,  and  the  son  of  man  (  dik  p  ) 
that  layeth  hold  on  it.  Neither  let  the  son 
of  the  stranger,  that  hath  joined  himself 
to  the  Lord,  speak,  saying,  The  Lord  will 
utterly  separate  me  from  his  people  .  .  . 
Also  the  sons  of  the  stranger  .  .  will  I 
bring  to  my  holy  mountain,  and  make  them 
joyful  in  my  house  of  prayer  ...  for  mine 
house  shall  be  called  a  house  of  prayer  for 
all   nations"    (Is.    56:1-7).      "And   I   will 


CHAR  A  CTER  OF  JE  WISH  E  THICS   20 1 

also  take  of  them  for  priests  and  for  Levites 
.  .  .  From  one  new  moon  to  another,  and 
from  one  sabbath  to  another,  shall  all  flesh 
come  to  worship  before  (me,  saith)  the 
Lord  "  (Is.  66:  21,  23). 

As  Renan  remarks,  Israel  dreams  "  of  a 
happy  future  for  mankind,  a  perfect  king- 
dom, whose  head  shall  be  in  Jerusalem, 
whither  all  nations  will  stream  to  pay  hom- 
age to  the  Eternal.  It  is  obvious  that  such 
a  religion  has  gone  beyond  the  bounds  of 
nationality.  Doubtless  there  is  at  bottom 
some  national  pride.  What  historical  work 
is  free  from  it?  But  the  idea  is  universal 
to  the  last  degree." 

§  149.  In  Talmudic  literature  this  thought  universality  of 

the  Talmudic 

finds  confirmation,  and  is  made  still  more  writings. 
explicit.  The  moral  world  is  there  repre- 
sented as  essentially  a  world  of  the  spirit, 
growing  out  of  human  nature  and  looking 
to  its  ennoblement.  Therefore  the  moral 
requirement  is  absolutely  universal.  With 
reference   to   the   words   from    Isaiah   last 


202  THE  ETHICS  OF  JUDAISM 

quoted,  it  is  said  that  "  all  Palestine  shall 
be  as  Jerusalem  and  all  countries  as  Pales- 
tine." And  the  verse,  "  Let  not  the  son 
of  the  stranger  say,  The  Lord  will  separate 
me  from  his  people,"  is  brought  into  con- 
nection with  Job's  words,  which  are 
ascribed  to  God,  "  The  stranger  did  not 
lodge  in  the  street,  I  opened  my  doors  to 
the  wanderer."  The  explanation  is  added, 
that  "  God  rejects  none  of  his  creatures,  he 
receives  all :  the  gates  are  always  open ; 
whoever  will,  may  enter."  " 
universality  of  the      §  1 50.  The  lesson,  that  the  capacity  for 

moral  law  and  of 

its  aims.  Examples,  moral    elevation    and    its   highest   possible 

1  Pesikta  Rabbati,  i.  Despite  their  awkward,  alle- 
goric, often  childish  form,  such  sentences  as  the 
above  reveal  the  elevation  and  grandeur  of  Agadic 
thought.  The  passage  goes  on  to  say,  that  "  on 
every  Sabbath  and  every  new  moon  the  clouds  will 
carry  all  worshipers  to  Jerusalem  and  back  again, 
each  to  his  home."  This  figure  of  speech  is  ob- 
viously meant  to  indicate  the  harmony  existing  be- 
tween the  peculiar,  the  nationally  distinctive  in  the 
civilization  of  every  people,  and  the  moral  convic- 
tions and  religious  knowledge  present  in  the  con- 
sciousness of  all.  2  Shemoth  Rabbah,  ch.  19. 


CHA  RA  CTER  OF  JE  WISH  E  THICS   203 

goal  are  absolutely  the  same  in  and  for  the 
non-Jew  as  in  and  for  the  Jew,  is  conveyed 
not  only  in  figurative  language,  but  also 
in  direct,  clear  statements  frequently  re- 
peated. From  the  recurrence,  in  the  code 
and  in  the  Prophets,  of  the  sentiment, 
"  This  is  the  law,  the  statute,  etc.,  accord- 
ing to  which  man  shall  live  " — man,  not 
priest,  not  Levite,  not  Israelite — the  infer- 
ence is  drawn  that  the  non-Jew,  if  he  obeys 
the  Law,  "  is  equal  to  the  high  priest." 
Not  descent  is  the  determining  factor;  the 
impulse  towards  the  ideal  alone  decides. 
Any  human  being  can  attain  to  the  moral 
worth  and  dignity  befitting  the  high  priest 
in  Israel.  The  passages  are  legion  in  which 
the  doctrine  of  the  universality  of  man's 
moral  vocation  is  laid  down.1  A  passage 
in  Sifra  2  deserves  special  mention,  because 
the  reference  in  it  to  the  universality  of  the 
moral  law  is  particularly  pointed.     Besides 

1  Baba  Kamma  38s;  Sanhedrin  59* 

2  Sifra  Achare  Moth,  ch.  13. 


204  THE  ETHICS  OF  JUDAISM 


the  above,  other  Biblical  expressions  are 
adduced  for  the  purpose  of  demonstrating 
their  universal  application :  "  Open  ye  the 
gates,  that  the  righteous  nation  which 
keepeth  the  truth  may  enter  in  "  (Is.  26:  2) 
— not  the  people  of  Israel,  but  the  righteous 
people,  any  people  among  whom  righteous- 
ness resides.  Again,  the  words :  "  This  is 
the  gate  of  the  Lord  into  which  the  right- 
eous shall  enter  "  (Ps.  118:  20) — not  priests, 
Levites,  or  Israelites,  but  the  righteous, 
though  they  be  non-Jews.  Finally,  "  Re- 
joice in  the  Lord,  O  ye  righteous  "  (Ps. 
33:1) — the  righteous,  alike  whether  Jews 
or  non-Jews. 

Israel,  then,  was  specially  called  unto 
moral  purit3'  and  elevation,  not  on  account 
of  its  blood,  not  by  reason  of  superior  quali- 
ties, inherited  or  innate,  but  because,  after 
having  acquired  political  liberty  through 
the  guidance  of  God  and  under  the 
leadership  of  Moses,  it  was  to  strive  for 
the  inner  liberty  which  manifests  itself  as 


CHAR  A  CTER  OF  JE  WISH  E  THICS   205 


obedience  to  divine  law  and  the  ideal  re- 
quirement. 

§151.  But  the  purpose  of  divine  legisla-  The  purpose  of 

divine  legislation 

tion — so  the  Rabbis  teach  explicitly — and  ™aliBa51f.onlyfc  , 

*  J  through  the  whole 

of  Israel's  election  is  not  confined  to  Israel;  of  mankind- 
it  is  realizable  only  through  the  whole  of 
mankind.  "  God  gave  Israel  the  Law  that 
all  nations  may  be  rendered  happy  by  it."  x 
The  discussion  of  the  law  of  loans  is  typical 
of  the  universality  of  the  Rabbis,  of  their 
rejection  of  all  national  limitations.  The 
text  reads :  "  If  thou  lend  money  to  any  of 
my  people  "  (Exod.  22 :  24),  and  the  com- 
mentary says :  Israel  asks  God :  "  Who 
are  '  my  people'?  "  and  God  replies:  "  The 
poor."  2 

§152.  The   discussions   growing   out   of  Rabbinical 

controversy 

the  phrase,  "  Ye  are  the  children  of  God,"  concerning 

r  '       man  s  filial  . 

clearly  demonstrate  the  fundamental  char-  relation  t0  God 
acter  of  the  doctrine  of  the  universality  of 
the  ethical  vocation.     To  be  called  children 
of  God  is  the  highest  patent  of  nobility. 

1  Tanchwna  Dcbarim.  ~  Shcmoth  Rabbah,  ch.  31. 


206  THE  ETHICS  OF  JUDAISM 

In  explaining  the  Scriptural  sentence  (Deut. 
14:1):  "Ye  are  the  children  of  the  Lord 
your  God,"  R.  Abba  bar  Cahana  asks  the 
question,  "When  are  you  his  children?" 
and  answers,  "  When  you  are  God's,  that  is, 
when  you  belong  to  God  and  obey  him,  and 
devote  yourselves  to  him."  His  intention 
here  is  not  to  impose  a  limitation  upon  or 
give  a  national  meaning  to  the  accepted  fact 
of  God's  universal  fatherhood.  That  this 
is  aside  from  his  purpose  is  apparent  from 
the  intimate  connection  of  the  passage  with 
the  previous  one.  The  verse,  "  My  son,  if 
thou  wilt  receive  my  words"  (Prov.  2:1) 
is  explained  thus :  "  When  art  thou  called 
my  son?  When  thou  receivest  my  teach- 
ing." It  is  obvious,  then,  that  the  real 
meaning  of  the  limitation  is,  that  as  in  the 
natural  relation  between  child  and  father, 
we  are  truly  children  of  God  only  through 
our  devotion,  only  if  we  give  ourselves 
wholly  to  God. 

1  Tanchuma  Ekeb. 


CHARACTER  OF  JEWISH  ETHICS   207 

This  idea  comes  out  still  more  plainly  in 
a  number  of  parallel  passages.  R.  Jehudah 
says,  for  instance :  "  You  are  children  of 
God  when  you  conduct  yourselves  as 
such."  This  explanation  is  entirely  free 
from  invidious  distinctions;  its  limitations 
depend  upon  moral  facts.  Yet  his  oppo- 
nent, R.  Meir,  presents  an  even  broader, 
profounder  view,  the  one  held  by  the  major- 
ity of  the  Rabbis.  He  says :  "  In  the  one 
as  in  the  other  case,  whether  they  do  or  do 
not  conduct  themselves  as  such,  they  are 
and  remain  the  children  of  God."  The  full 
and  true  idea  of  man's  filial  relation  to  God 
is  here  based  upon  the  unalterable  fact  that 
all  men  are  God's  creatures  and  the  equally 
unalterable  fact  of  God's  all-embracing  and 
unchanging  mercy. 

§153.  According  to  Rabbinical  teaching,  r.  Nechuniah 

ben  Hakanah's 

the  path  to  salvation  in  this  world  and  to  exeeesis- 
bliss  in  the  next  is  open  to  all  men.     Reli- 
gious observances,  the  Temple,  the  sacri- 

1  Kiddushin  36* 


208  THE  ETHICS  OF  JUDAISM 


ficial  service,  are  not  indispensable  condi- 
tions of  the  attainment  of  the  goal.  Moral 
purity  and  a  loving  heart  are  the  only  re- 
quirements. In  discussing  the  latter  part 
of  the  verse  Proverbs  14:34:  "the  kind- 
ness of  the  nations  is  sin  "  (riKBn  D'Ecix1?  TOn)i 
certain  of  the  Rabbis  sought  to  justify  an 
interpretation  which  accords  with  the  view 
of  St.  Augustine,  that  the  virtues  of  the 
heathen  are  but  splendid  vices  {splcndida 
vitia).  R.  Nechuniah  ben  Hakanah  found 
an  altogether  different  and  a  beautiful  ex- 
planation of  the  obscure  passage,  one  more- 
over that  received  the  endorsement  of  no 
less  an  authority  than  R.  Jochanan  ben 
Zakkai.1  He  held  that  "  the  love  and  mer- 
ciful deeds  of  the  heathen  are  elements  of 
atonement  and  expiation,  as  the  sin-offer- 
ing had  previously  been  for  Israel."  2  R. 
Jochanan  himself  had  tried  to  assuage 
Israel's  grief  over  the  loss  of  the  altar  with 

1  See  Appendix  (to  §50)  No.  11,  p.  266. 

2  Baba  Bathra  iob. 


CHARACTER  OF  JEWISH  ETHICS   209 

the  consolation  that  only  after  its  destruc- 
tion complete  fulfilment  of  the  divine  sen- 
tence :  "  Love  I  desire,  and  not  sacrifice  " 
(Hos.  6:6),  was  possible.1 

§154.  The  idealism  of  the  heathen,  as  we  The  idealism  of 

the  heathen 

saw  above,  is  accounted  equal  to  that  of  the  toThafonhT111 
high  priest.  Furthermore,  we  are  taught  18  pries 
without  reservation,  "Whoever  rejects  idol- 
atry (denies  it,  turns  from  it),  is  called 
Yehudi."  2  Not  birth  makes  one  a  Yehudi, 
but  the  repudiation  of  idolatry.  And  a 
man's  ideal  worth  being  independent  of 
race  and  creed,  the  next  doctrine  follows 
naturally:  The  pious  of  all  nations  have  a 
share  in  the  world  to  come.3 

§155.  According    to    Rabbinical    views,  Moses  and 

Balaam. 

then,  the  spiritual  and  moral  heights  within 
man's  reach  are  in  no  wise  affected  by  de- 

1  Appendix  No.  28,  p.  301. 

2  Megillah  13a. 

3  Sanhedrin  iosa.  tPTOfl  cannot  be  translated 
more  aptly  than  by  "  the  ideally  inclined,"  and 
"  having  a  share  in  the  world  to  come  "  is  the  stock 
expression  for  the  bliss  of  the  future  life. 


2 1 0  THE  E  THICS  OF  JUDA  ISM 

scent  or  religious  profession.  To  the  ideal, 
to  spiritual  attainments,  to  ethical  convic- 
tions, an  immeasurably  loftier  place  is  as- 
signed than  to  birth,  race,  or  blood.  The 
highest  round  of  the  moral  ladder  to  which 
man  and  the  Israelite  can  mount  is  that 
occupied  by  the  Prophets.  Among  the 
Prophets  Moses  is  regarded  as  the  most 
exalted.  Nevertheless  it  is  said :  When  we 
read  in  the  Scriptures  (Deut.  34:10)  that 
"  no  Prophet  will  arise  in  Israel  like  unto 
Moses,"  the  meaning  is:  in  Israel  none 
will  arise,  but  among  other  nations  there 
will  be  one.  And  what  non-Jewish  Pro- 
phet was  the  peer  of  Moses?  Balaam.1 
Proselytes  heroes      §156.  That  it  was  absolutely  foreign  to 

of  the  Jews. 

Jewish  standards  to  make  man's  dignity  and 
worth  dependent  upon  accidental  circum- 
stances, especially  upon  descent,  is  evident 
from  the  traditions,  that  many  of  the  spir- 
itual heroes  of  the  Jews  sprang  from  prose- 
lyte stock,  or  themselves  were  proselytes. 

1  Bemidbar  Rabbah,  ch.  14. 


CHA RA  CTER  OF  JE  WISH  E  THICS   2 1 1 

The  reader  of  the  Scriptures  remembers 
that  David,  the  popular  hero,  who  stood  as 
the  type  of  mundane  glory  combined  with 
religious  elevation,  David,  the  anointed, 
victorious  king  and  Psalmist,  was  descend- 
ed from  Ruth  the  Moabitess.  To  prove 
the  statement  that  "  God  loveth  the 
stranger"  (Deut.  10:18),  the  Rabbis  ad- 
duce that  God  blessed  Ruth,  the  woman  of 
a  strange  people,  by  making  her  the  an- 
cestress of  David  whose  songs  of  praise  ex- 
alted the  majesty  of  God  among  men.  The 
artist  called  in  by  Solomon  to  assist  him 
in  the  building  of  the  Temple  came  on 
his  father's  side  from  non-Jewish  stock 
(I  Kings  7:14).  According  to  a  common 
tradition,  the  teachers  Shemaiah  and  Abta- 
lion,  the  predecessors  of  Hillel  the  Elder, 
were   proselytes.      Likewise    Onkelos,1    to 

1  Was  the  translator  of  the  Targum  named  On- 
kelos or  Akylas?  Did  both  Onkelos  and  Akylas 
make  translations?  Into  Greek  or  into  Aramaic? 
Not  one  of  these  questions  has  been  finally  answered 
by  scholars.    See  M.  Friedmann,  Onkelos  und  Akylas, 


2 1 2  THE  E  THICS  OF  JUDA  ISM 

whom  tradition  attributes  the  translation 
of  the  Pentateuch  into  Aramaic.  The  same 
is  said  of  prominent  Talmud  teachers,  such 
as  R.  Akiba,  and  still  more  positively  of  R. 
Me'ir.  If  it  came  about  later  that  Jews, 
especially  those  affiliated  with  the  Rabbini- 
cal academies,  entertained  objections  to 
proselytes  and  a  violent  aversion  to  prose- 
lytism,  it  was  due  to  the  complex  motives 
that  led  to  change  of  faith,  and  that  grew 
out  of  historical  events  as  well  as  psycho- 
logic facts.1  As  the  outcome  of  the  ani- 
mated discussion  of  this  point  we  may  con- 
sider the  commonly  accepted  view,  that 
the  non-Jew  has  no  need  to  become  a  con- 
vert to  Judaism.  Either  he  lives  in  accord- 
ance with  moral  principles,  in  which  case  he 
can  dispense  with  creed,  or  he  is  lacking  in 
purity  and  elevation  of  moral  conviction, 
which  cannot  be  replaced  by  creed.     This 

Vienna,    1896.     The    only   undisputed  point   is   that 
both  were  proselytes. 
1  See  among  other  passages  Ycbamoth  47*. 


CHAR  A  CTER  OF  JE  WISH  E  THICS   2 1 3 

attitude,  however,  as  we  saw  before  (§86), 
never  prevented  Jewish  leaders  from  recog- 
nizing the  superiority  of  voluntary  accept- 
ance of  the  Law  over  inherited  responsi- 
bility. In  any  event,  the  hesitation  to  sue 
for  converts  does  not  arise  from  any  sort 
of  particularism  nor  from  the  presumption 
that  non-Jews  are  insufficiently  endowed  to 
become  Jews. 

§157.  It  must  none  the  less  be  accepted  Particularism 

and  universalism. 

as  an  historic  fact  that  Judaism,  especially 
in  the  province  of  the  specifically  religious, 
has  from  the  first  harbored  two  distinct  ten- 
dencies, which  may  be  briefly  characterized 
as  the  national-particularistic  and  the 
humane-universal.  The  two  tendencies  ex- 
isted simultaneously  in  open  opposition  to 
each  other,  or  succeeded  each,  other,  the 
tendency  favored  by  circumstances  pre- 
vailing over  the  less  favored.  The  one 
considers  all  details  handed  down  by  tradi- 
tion and  incorporated  in  Judaism  as  of  uni- 
form   importance.     From    this    particular- 


214  THE  ETHICS  OF  JUDAISM 

istic  point  of  view,  deviation  from  foreign 
standards,  rejection  of  all  foreign  elements, 
is  of  the  essence  of  Judaism,  and  the  Jew  is 
under  obligation  to  separate  himself  from 
the  alien.  Therefore,  there  has  been  no 
lack  of  laws,  of  prohibitions  in  particular, 
Calculated  to  render  difficult  and  to  restrict 
intercourse  with  the  non-Jew. 

The  other  line  of  thought  distinguishes, 
within  Judaism,  between  a  kernel  of  essen- 
tials and  the  husk  which  is  of  incidental  im- 
portance only.  The  kernel  of  Judaism  is 
at  the  same  time  the  aim  of  human  develop- 
ment in  general.  Completely  expressed,  it 
is  the  ideal  at  once  of  the  Jew  and  of  the 
whole  of  mankind,  and  the  highest  promise 
and  tenderest  hope  held  out  by  Judaism  is 
that  all  nations  may  unite  in  the  common 
effort  to  approach  its  realization.  The 
body  of  moral  doctrines  together  with  the 
fundamental  religious  thought  of  the  one- 
ness of  God  constitutes  this  kernel  of  Juda- 
ism.    To  implant  in  mankind  and  to  cher- 


CHAR  A  CTER  OF  JE  WISH  E  THICS   2 1 5 

ish  pure,  earnest  knowledge  of  God  is  the 
essential  content  of  Judaism.  Therefore, 
intercourse  between  Jews  and  non-Jews 
should  be  as  ideal,  as  flawless  morally,  as 
gentle,  cordial,  and  loving  as  possible,  for 
this  path  leads  to  the  goal  at  once  of  hu- 
manity and  of  Judaism. 

§158.  We  have  nothing  to  do  here  with  a  psychologic- 
subjective,  not  an 

the  history  of  the  conflict  between  the  two  diffeCre°ncJeCtive 
tendencies — a  conflict  which  continues  to 
rage  to  this  day,  and  to-day  rages  as  bit- 
terly as  ever.  On  the  other  hand,  we  are 
concerned  in  disengaging  from  the  opposi- 
tion of  ideas  the  ethical  principle  of  Juda- 
ism, which  manifests  itself  even  in  the  con- 
flict, and  in  establishing  that  it  is  held  to  be 
essentially  the  same  by  the  partisans  of  both 
sides.  Isolated,  accidental  expressions  are 
unavailing  in  such  inquiries.  The  final  so- 
lution must  be  abstracted  from  a  variety 
of  opinions  acting  upon  and  influencing 
one  another.  Then  it  will  appear  that  the 
two  tendencies  differ  not  so  much  ethically 


2l6  THE  ETHICS  OF  JUDAISM 

as  psychologically.  Their  opposition  is 
not  objective,  as  though  its  reason  lay  in 
the  doctrine  itself;  it  is  subjective,  due  to 
the  agents.  The  ethical  teaching  under- 
goes no  change,  but  characters  develop 
variously.  In  the  theory  of  the  two 
parties  the  goal  of  mankind  is  the  same; 
they  disagree  only  upon  practical  means 
and  the  attitude  of  the  Jew  at  a  given 
moment. 
Israel's  particu-      §159-  The  particularism  of  the   earliest 

larism  tended 

towards  the  period,  Israel's  conscious  purpose  to  sepa- 

reahzation  of  l  sr        i  i 

eumversa  rate  jj.gejf  from  £]ie  other  nations,  needs  no 
discussion.  The  fact  and  its  reason  and 
justness  are  alike  patent.  All  nations  were 
particularistic.  In  their  relation  to  one  an- 
other, they  realized  only  the  difference  ex- 
isting among  them,  if,  indeed,  they  heeded 
one  another  at  all.  They  certainly  did  not 
regard  one  another  as  equals.  It  was  part 
of  Jewish  particularism  that  the  soul  of  the 
people  was  filled  with  the  universal  ideal, 
with  the  promise,  the  hope,  the  requirement 


CHARA  CTER  OF  JEWISH  ETHICS    2 1 7 

that  mankind  be  a  unit  in  its  highest  goal.1 
Ethically  this  was  the  point  of  sharpest 
contrast  between  Jews  and  their  neighbors, 
the  radical,  distinctive  quality  which  con- 
stituted their  superiority  over  the  others. 
To  cultivate  this  quality,  to  make  it  effec- 
tive, Israel  had  to  segregate  itself.  In  a 
word,  Israel  had  to  be  particularistic  in 
order  to  formulate  and  hold  up  the  uni- 
versal ideal. 

§160.  Later   representatives   of   particu-  Later  and 

contemporaneous 

larism  and  those  of  to-day  are  not  conscious  fe^consdoTsiy" 

r    ,1   •        i  ,  ...  strives  for  the 

of  this  deep-seated  reason,  yet  it  continues  same  aim. 
in  force.     Men  of  limited  understanding  do 
not  look  beyond  the  immediate  result  of 
daily  practices  and  traditional  usages.  They 

1  "  Neither  the  literature  of  Oriental  nor  that  of 
classical  nations,"  says  August  Wunsche,  "  can  show 
a  parallel  to  this  result  of  world-evolution.  The  great 
Plato  did,  indeed,  outline  an  ideal  state  in  his 
Republic,  but  it  lacks  the  Old  Testament  idea  of 
universality.  In  Plato's  universal  state,  Greeks  are 
arrayed  against  non-Greeks  in  constant  warfare;  war 
is  one  of  the  necessary  evils."  (Die  Freude  in  den 
Schriftcn  des  alien  Bundes,  p.  26.) 


218  THE  ETHICS  OF  JUDAISM 

do  not  discern  the  real  value  of  their  own 
loyalty  and  law-abiding  nature.  Their 
faith  is  better  than  they  know;  their  achieve- 
ment in  its  effect  upon  the  future  nobler 
and  more  important  than  their  present  con- 
viction. For  even  the  advocate  of  the  uni- 
versal ideal  admits,  that  the  inexorableness 
of  the  Law,  the  rigor  of  tradition,  was  the 
protecting  shell  that  preserved  intact  the 
delicate  kernel  of  essential  ideas.  To  this 
day  every  peculiar  development  of  thought 
or  form  of  conduct  (customs,  ceremonies, 
usages)  has  its  definite  value,  though  from 
the  higher  point  of  view  it  may  no  longer 
be  considered  an  absolute  duty,  a  binding 
law,  or  the  condition  of  salvation.  Noth- 
ing more  than  symbolic  meaning  is  ascribed 
to  it. 

contrasts  and      §i6i.  Again,  the  straightest  particular- 
points  of  agree- 
ment in  the  two  ists  do  not  contradict  the  words  of  the.  Pro- 

tendencies. 

phets.  The  two  tendencies  are  agreed  as 
to  the  ethical  goal,  the  moral  ideas  of  the 
future,  only  the  one  is  more,  the  other  less, 


CHARACTER  OF  JEWISH  ETHICS   219 

conscious  of  the  final  aim.  The  particular- 
ists  are  realists,  thinking  of  the  present 
alone;  the  exponents  of  the  universal  ideal 
at  the  same  time  consider  the  future.  The 
former  reckon  with  human  nature,  with  the 
average  computed  according  to  psycholo- 
gic probabilities,  and  fear*  loss  of  individu- 
ality and  energy;  the  latter  concern  them- 
selves with  the  ethical  task,  and  stake  their 
hope  on  the  power  of  the  idea.  Certain  it 
is  that  the  leading  ideas  of  both  rest  on  an 
ethical  basis,  that  both  therefore  are  justi- 
fied. It  was  admitted  above  (§57)  that  jus- 
tice and  mercy,  tradition  and  reason,  etc., 
are  '  contrasts,  both  terms  of  which  ori- 
ginate equally  in  ideal  impulses,  equally 
make  for  ideal  aims.  To  discover  for  a 
given  time  and  for  given  circumstances  the 
proper  measure  of  justification  and  appli- 
cation of  the  one  or  the  other  motive  is, 
in  fact,  the  task  of  all  historical  movement 
and  conduct,  in  whose  accomplishment,  as 
a  rule,  the  genius  of  an  epoch  or  of  an  indi- 
vidual reveals  itself. 


220  THE  ETHICS  OFJUDAISM 


Additional  points      §162.  There  are  still  other  points  of  con- 

of  contrast. 

trast  involved  in  the  opposition  between  the 
two  tendencies.  They  take  different  ground 
on  such  questions  as  whether  the  obliga- 
tion to  obey  the  Mosaic  law  rests  upon 
Israel  alone  or  upon  all  men  acquainted 
with  it.  This  leads  to  the  larger  question 
whether  the  reason  for  the  fulfilment  of  the 
Law  lies  in  its  content,  or  in  the  purely 
external  obligation  imposed  by  the  author- 
ity of  the  lawgiver,  that  is,  in  the  fact  of 
revelation.  Furthermore,  what  ranks 
higher,  traditional  obligation  or  free  sub- 
jection to  the  Law;  its  fulfilment  because  it 
is  commanded,  or  by  reason  of  voluntary 
assent?1 

1  A  point  that  will  be  discussed  later  on.  This  is 
not  the  place,  and  in  the  present  state  of  science  and 
of  Judaism  it  is  not  necessary,  to  dwell  at  length 
upon  Mendelssohn's  view  as  expressed  in  his  "  Jeru- 
salem," in  many  other  respects  a  work  of  merit,  and 
show  that  it  is  narrowly  rationalistic.  It  harmon- 
izes neither  with  Talmudic  tradition  in  its  broadest 
features,  nor  with  a  lofty,  liberal  conception  of  the 
law,  least  of  all  with  historical  knowledge.  (Comp. 
§§  86  and  156.) 


CHARACTER  OF  JEWISH  ETHICS   221 
§163.  Over  and  beyond  all  this  opposi-  The  universal 

principle  in 

tion  we  reach  what  concerns  us  most  close-  particularistic 

passages.     The 

ly,  the  thought,  belonging  to  all  parties  in  Noachian  laws" 
Judaism,  that  the  same  ethical  obligation, 
the  same  promise  of  equality,  the  same  ideal 
hope  exists  for  all  men  alike.  The  univer- 
sal principle  asserts  its  full  force  even  where 
the  phrase  has  a  particularistic  coloring. 
For  instance,  it  is  said :  "  The  Jews  have 
three  characteristic  qualities :  they  are  mer- 
ciful, chaste,  and  charitable,"  1  but  the  sen- 
tence is  added :  "  Every  human  being  that 
possesses  these  three  qualities  is  worthy  of 
being  united  with  (that  is,  counted  among) 
the  Jewish  people." '  Even  the  decidedly 
particularistic  doctrine  of  the  seven  com- 
mands said  to  have  been  binding  upon  the 
sons  of  Noah,  that  is,  upon  mankind  be- 
fore 3  the  Mosaic  revelation,  comprises  the 

1The  first,  |Dm,  expresses  the  feeling;  IDn  ^DIJ, 
the  act. 

2  Yebamoth  79A 

3  This  gives  no  clue  to  the  solution  of  the  question, 
whether  the  obligation  of  non-Jews  is  confined  to 


222  THE  ETHICS  OF  JUDAISM 

fundamentals  of  all  moral  conduct.  Begin- 
ning with  "  law  "  as  the  basis,  they  proceed 
to  avoidance  of  idolatry  and  blasphemy 
(?  DE>n  D3-q).  Chastity  is  demanded,  and 
regard  for  the  person  and  property  of  one's 
neighbor.  Savagery  and  bestiality  are  con- 
demned,1 and  mild  treatment  of  animals  is 
prescribed.  It  is  explicitly  stated :  "  In 
moral  questions  the  Jew  and  the  non-Jew 
stand  under  the  same  law."  2 

But  it  is  characteristic  that  in  these  sup- 
posed Noachian  laws  no  mention  is  made 
of  altruistic  virtues,  of  charity  and  love, 
which  are  considered  of  the  essence  of  the 
Jewish  code.  Similarly,  the  well-known 
four  virtues  of  the  Greeks,   courage,  wis- 

the  fulfilment  of  these  seven  commands  after  the 
revelation  of  the  Mosaic  law.  The  use  of  the  more 
specific  nj  »33  ("  sons  of  Noah  "),  instead  of  the 
customary  D?1tfn  niDlX  ("  nations  of  the  world  "), 
would  seem  to  indicate  a  difference  dependent  upon 
time.     The  meaning  of  ri3"0  is  dubious. 

1  In  the  expression  Tin  }D  "QN,  "  a  limb  from  the 
living  animal." 

2  Sifra  Achare  Moth,  ch.  13. 


CHA  RA  CTER  OF  JE  WISH  E  THICS   223 

dom,  caution  or  moderation,  and  justice, 
neither  include  nor  imply  anything  akin  to 
benevolence  or  brotherly  love. 

§164.  Man's  ethical  relation  towards  his  The  ethical 

principle  should 

fellow,  when  it  comes  to  be  actualized  in  j*  p^cTicelfnd 
deeds,  depends  upon  or  expresses  itself  in  experi 
the  sympathy  he  expends  upon  persons  or 
events.  Experience  shows  that  sympathy 
decreases  with  the  distance  of  its  object. 
A  psychologic  law  of  diminishing  sympathy 
may  absolutely  be  assumed.  The  further 
removed  a  person  or  an  event  is  from  us  in 
space?  in  time,  or  in  any  other  respect,  as, 
for  instance,  descent,  occupation,  aims, 
fortune,  and  history,  the  less  active  is  our 
sympathy.  A  conflagration  affects  us  va- 
riously, according  as  it  took  place  in  the 
street  next  to  ours,  in  a  neighboring  town, 
in  an  adjacent  country,  on  another  conti- 
nent, and  according  as  it  took  place  yester- 
day, or  a  year  ago,  or  a  thousand  years  ago. 
At  the  same  time  it  must  be  remembered 
that  this  law  of  psychologic  experience  can 


224  THE  ETHICS  OF  JUDAISM 

be  overborne  by  ideal,  often  imponderable 
elements.  A  distinguished  personage,  an 
historical  event,  may  make  a  profound  im- 
pression upon  us,  even  though  distant  from 
us  in  time  and  space.  It  is  not  necessary 
here  to  expatiate  upon  this  thought  and 
apply  it  to  the  ethical  code.  When  we 
come  to  the  exposition  of  the  social  doc- 
trine of  Jewish  ethics,  we  shall  see  how  the 
general  ethical  requirement  accommodates 
itself  to  the  particular,  accidental  fact; '  how 
the  laws  of  ideality  harmonize  with  those 
of  the  actual  world;  how  conflicts  and„colli- 
sions  may  be  avoided. 

Our  present  concern  is  to  establish,  that 
the  ethical  principle  may  not  be  made  to 
depend  upon  practice,  upon  mere  experi- 
ence, upon  knowledge  of  its  past  exempli- 

1  That  a  man  is  born  at  a  given  place,  into  a  given 
family,  belongs  to  them,  to  his  city,  his  state,  his 
generation,  etc.,  and  thus  seems  to  have  had  a  dis- 
tinct and  limited  sphere  of  duties  assigned  to  him, 
or  happens  to  have  been  put  into  relation  with  a 
particular  set  of  persons.  (Comp.  Aben  Ezra  on 
Lev.  25:35,  concerning  the  word  *{0&.) 


CHA  RA  CTER  OF  JE  WISH  E  THICS    225 

fications;  that  the  ethical  principle,  the  fun- 
damental moral  doctrine,  must  predominate 
and  lay  down  the  law;  and,  lastly,  that  it  has 
always  occupied  this  supreme  place  in  the 
ethics  of  Judaism. 

§165.  The  elevation  of  a  system  of  ethics,  The  elevation 

of  a  system  of 

we  gather  from  all  the  foregoing,  depends  b^^K^f1 
upon  the  magnitude  of  the  sphere  to  which  Footnote? Prayer 

for  wreckage. 

it  applies.  The  more  extended  the  circle  of 
those  who  are  subject  to  the  ethical  require- 
ment, and  therefore  are  called  upon  to  form 
one  moral  communion,  the  nobler,  the  more 
pregnant  the  ethical  content  of  the  system. 
Hence  the  obliteration  of  all  national  or 
territorial  division  lines,  the  introduction  of 
the  notion  of  one  all-embracing  human 
family,  is  the  characteristic  mark  of  a  sys- 
tem of  ethics  that  corresponds  to  the  true 
and  perfect  idea  of  such  a  system. 

Whether  this  distinctive  mark  is  present ; 
whether,  in  other  wrords,  national  barriers 
have  actually  been  wiped  out,  and  the  no- 
tion of  the  brotherhood  of  men  with  all  it 


226  THE  ETHICS  OF  JUDAISM 

implies  is  an  integral  part  of  a  given  moral 
doctrine,  cannot  be  gauged  by  abstract 
theses,  nor  even  by  the  number  of  those 
sharing  in  ethical  obligation  and  dignity. 
Whether  we  deal  with  the  relation  of  the 
individual  to  his  neighbor,  of  one  people  or 
state  to  other  peoples  or  states,  of  the 
native  to  the  alien,  of  majorities  to  minori- 
ties, in  any  of  these  cases,  the  dignity  and 
perfection  of  a  system  of  ethics  depend  upon 
the  concrete  duties  laid  upon  its  adherents 
in  their  intercourse  with  outsiders.  The 
question  is  not,  what  are  the  duties  im- 
posed upon  the  outsider,  but  what  do  we 
demand  of  ourselves  in  relation  to  him, 
what  rights  are  ceded  to  him,  what  part  is 
he  permitted  to  enjoy  in  the  prosperity  and 
take  in  the  activity  of  a  community.  By 
the  side  of  an  abstract  doctrine  of  "  broth- 
erly love,"  there  may  be,  not  only  facts ' — 

1  Let  me  adduce  a  single  fact  of  the  sort.  In  this 
very  century,  all  the  nations  professing  the  "  religion 
of  love  "  continued  to  maintain  their  property-right 


CHA RA  CTER  OF  JE  WISH  E THICS    227 

which  prove  nothing  in  this  case — but  also 
statutes,  legal  provisions  carrying  with 
them  the  utter  helplessness  of  the  stranger 
before  the  law. 

§166.   In  the  Rabbinical  world  there  was  sociological 

elaboration  of 

no  basis  in  fact  upon  which  to  build  up  the  H^!$eiby  the 
sociological    development    of    the    ethical  only  in  genera! 

maxims.     Solomon 

principle,  that  is,  its  full  expression  through  and  Hiram, 
provisions  of  public  law.  The  Rabbis, 
therefore,  could  not  go  beyond  general 
maxims,  but  these  they  urged  constantly 
with  special  emphasis.  The  ancient  world 
in  general  knew  almost  nothing  of  a  union 
of  nations  for  the  ethical  purposes  of  civili- 
zation. Voluntary  alliances,  chiefly  offen- 
sive and  defensive  and  of  ephemeral  impor- 
tance, contemplated  only  immediate  politi- 

in  wreckage,  and  a  prayer  was  offered  up  in  the 
churches  on  Sunday  for  a  "  blessed  strand,"  that  is, 
for  the  misfortune  of  fellow-men!  We  shall  speak 
elsewhere  more  in  detail  of  the  difference  frequently 
existing  between  the  doctrine  of  morals  accepted  by 
a  people  (taught  in  the  schools,  from  the  pulpits,  and 
on  lecture  platforms)  and  the  laws  and  ordinances 
on  its  statute  books. 


228  THE  ETHICS  OF  JUDAISM 

cal  ends,  which  lack  the  ethical  impress 
both  as  to  purpose  and  as  to  means;  and 
when  war  has  once  welded  the  conquered 
with  the  victors,  the  will  of  the  people  stands 
aside,  and  the  supreme  power  of  the  state 
imposes  the  same  yoke  upon  all. 

The  amicable  relation  between  Solomon 
and  Hiram  is  one  of  the  few  exceptions  his- 
tory has  preserved  for  us.  The  natural 
products  and  the  artistic  talents  under  the 
control  of  the  Phoenician  were  put  at  the 
disposal  of  the  Israelitish  king. 
Ethical  convic-      §167.  Ethical  convictions  could  be  real- 

tions  illustrated 

in  the  relation  i^ecl    then,  only  in  relations  growing  up  at 

of  the  native  to  '  '  •'  Bf  o       I 

^ote^The  influ-  home,  that  is,  of  natives  to  aliens  settled  in 

ence  of  a  nation's  •  . 

peculiar  fortunes  their  country.     All  that  the  sources  report 

upon  its  spiritual  ■*  x 

development.  g.Qes  to  s]low  tnat  in  this  respect  the  ethics 
of  Judaism  occupies,  not  merely  a  promi- 
nent, but  absolutely  the  most  honorable 
place  in  ancient  times.  The  fiercest  light 
from  the  ethical  theory  falls  upon  the  as- 
sumption that  the  Jews  were  the  masters  of 
the  land,  hence  constituted  the  majority  of 


CHA  RA  CTER  OF  JE  WISH  E  THICS   2 29 

the  inhabitants,  among  whom  dwelt  settlers 
of  alien  race.  When  the  Prophet  Ezekiel 
described  the  future  Jewish  state  as  it  took 
form  in  his  fancy,  he  set  up  an  ever-memor- 
able because  unique  principle.  The  whole 
land,  the  property  of  the  community  (or,  as 
it  were,  a  fief  held  of  God),  was  to  be  divided 
among  the  tribes,  and  within  the  tribes 
among  the  families.  An  elevated  moral 
standard  and  a  clear  notion  of  public  law 
are  reflected  in  the  following  instruction : 
"  This  land  (previously  defined  by  its  boun- 
daries) you  shall  divide  among  you  accord- 
ing to  the  tribes  of  Israel.  And  it  shall  be 
thus :  you  shall  divide  it  by  lot  for  an  inheri- 
tance among  you  and  among  the  strangers 
that  sojourn  among  you  that  have  begot 
children  among  you;  and  they  shall  be  with 
you  as  those  born  among  the  children  of 
Israel;  with  you  they  shall  divide  by  lot  for 
an  inheritance  in  the  midst  of  the  tribes  of 
Israel.  And  it  shall  be :  in  what  tribe  the 
stranger  sojourneth,  there  shall  ye  give  him 


230  THE  ETHICS  OF  JUDAISM 

his  inheritance,  saith  the  Lord  God  "  (Ezek. 
47:21-23)/  Dollinger  says  justly : 2  "The 
Jewish  codes  were  more  favorable  to 
strangers  than  those  of  any  other  people," 
and  he  cites  among  other  passages  Deuter- 
onomy 10:19  and  Leviticus  19:33  scq.: 
"  The  stranger  that  dwelleth  with  you  shall 
be  unto  you  as  one  born  among  you,  and 
thou  shalt  love  him  as  thyself,  for  ye  were 
strangers  in  the  land  of  Egypt."  The  former 
passage  is  preceded  by  the  sentence :  "  God 
loveth  the  stranger."  We  have  already 
spoken  of  the  equality  of  all,  including  the 
stranger,  before  the  law.  This  feature  can- 
not be  emphasized  with  too  much  force, 
because  it  is  a  characteristic  product  of  the 
Jewish  mind,  belonging  to  it  alone.  Like 
the  "  love  for  the  stranger  "  it  is  frequently 
repeated  in  the  code  (Lev.  24:22;  Num. 

1  Even  the  revolutionary  law  of  the  Gracchi  did 
not  propose  to  acknowledge  the  claim  of  every 
Roman  citizen  upon  the  territory  of  the  state. 

2  See  Dollinger,  Heidenthum  und  Judenthum,  Vor- 
halle  zur  Geschichte  des  Christenthums,  p.  788. 


CHARACTER  OF  JEWISH  ETHICS    23 1 

15:16,  and  elsewhere).  Whenever  the  law 
makes  provision  for  the  poor,  it  includes 
the  stranger.1 

§168.  After  the  destruction  of  the  second 
Temple    the    relation    between    Jews    and 

1  The  peculiarity  of  the  circumstances  which  Ezek- 
iel  had  to  imagine  in  connection  with  the  restoration 
of  the  Jewish  state  and  the  division  of  territory  was 
probably  not  without  influence  upon  the  ethical  view 
to  which  he  rose.  In  general,  it  is  true  that  the  pe- 
culiarity of  the  Jewish  people's  fortunes  is  reflected 
in  the  peculiarity  of  its  spiritual  development.  And 
certainly  Israel's  fortunes  were  peculiar!  Misery 
stalking  in  the  wake  of  defeat — and  in  conflicts 
with  such  giants  as  Rome  and  Babylonia,  defeat 
was  inevitable  despite  headlong  courage  and  self- 
sacrifice — that  Israel-Judah  experienced  in  common 
with  many  nations.  But  that  a  people  should  re- 
turn from  exile  and  succeed  in  establishing  its  na- 
tionality anew  is  an  event  without  parallel.  Israel's 
experience  was  unique  from  the  first  when  it  de- 
parted from  Egypt  (see  §26).  Again  and  again  races 
have  been  subjugated,  reduced  to  slavery  or  villen- 
age;  but  does  history  know  of  another  horde  of 
slaves  that  recovered  itself,  regained  freedom,  re- 
established its  own  civilization,  its  own  government? 
It  is  eminently  proper,  therefore,  that  in  the  Pro- 
phetic as  well  as  the  Rabbinic  cycle  of  ideas  the 
Exodus  from  Egypt  should  occupy  a  prominent 
place.  Its  importance  had  been  recognized  still 
earlier,  in  the  code,  the  Torah.     The  most  exalted 


232  THE  E  THICS  OE  JUDA  ISM 


jews  as  settlers  others  was  reversed.     Jews  became  settlers 

among  other 

neathknai  obUa»-  m  states  formed  by  other  nations,  usually 

tions.     The  i  <•  •  tm   • 

israeiitish  synod,  conglomerates  of  various  races.     I  his  case 

The  German 

israeiitish  Union  Was  provided  for  by  the  Prophet  Teremiah 

of  Congregations.  *  . 

sanhJth(inF'eTh1e  m  an  admonition  covering  all  the  ethical 

German  Kahbini-       ,  ..  .  .  .    .  ,.   „ 

cai  Association,  obligations  of  a  citizen :  "  beek  ye  the  wel- 
fare of  the  city  whither  I  have  caused  you 
to  be  carried  away  "  (Jer.  29:  7) — an  admo- 

moral  statutes  concerning  the  treatment  of  strangers 
are  connected  with  the  Exodus,  and  are,  from  a  psy- 
chologic point  of  view,  impressively  inculcated  hy 
means  of  the  reminder:  "  Ye  know  the  heart  of  the 
stranger"  (Exod.  23:9).  It  is  remarkable  how 
even  the  law  of  Sabbath  rest,  at  first  sight  uncon- 
nected with  the  story  of  Israel's  slavery  and  redemp- 
tion, is  brought  into  relation  with  and  illuminated 
by  it.  The  fourth  commandment  in  the  second  ver- 
sion of  the  Ten  Commandments,  in  Deuteronomy, 
disregards  the  dogmatic  reason  attached  to  the  first 
("  for  in  six  days  the  Lord  made,"  etc. — Exod.  20: 
11).  It  emphasizes  the  ethical  motive,  that  the  man- 
servant and  the  maid-servant  should  be  granted  a 
day  of  rest,  and  employs  the  memory  of  the  Egyp- 
tian experience  to  urge  consideration  for  subordi- 
nate. This  method,  characteristic  of  the  Bible  and 
still  more  of  the  Rabbis,  of  establishing  a  connection 
between  the  most  important  moral  laws  and  the  his- 
tory of  Israel  in  Egypt,  at  the  same  time  illustrates 
how  nations  should  draw  instruction  from  their 
fortunes.     (Comp.  among  other  passages,  Deut.  24: 


CHARACTER  OF  JEWISH  ETHICS   233 


nition  repeated  and  heeded  by  Jews  in  all 
times.  Here  follow  some  endorsements 
from  our  own  time:  The  first  Israelitish 
Synod  at  Leipsic,  in  1869/  discussed  and 
unanimously  passed  the  following  as  its 
first  resolution :  "  The  Jewish  Synod  recog- 
nizes Judaism  to  be  in  accord  with  the  prin- 
ciples of  modern  society  and  of  the  modern 

14-15,  and  the  whole  chapter.)  One  more  circum- 
stance requires  mention.  The  fortunes  of  the  Jew- 
ish race  were  for  the  most  part  necessary  results  of 
its  numerical  weakness.  Only  the  Prophets,  heroes 
of  the  spirit,  saw  clearly  that  Israel's  peculiar  task 
grew  out  of  this  very  fewness  of  numbers.  The 
great  mass  of  the  people  continually  labored  under 
the  delusion  that  they  might  be  "like  other  nations." 
That  is  why  Israel's  political  history  came  to  naught, 
though  the  achievements  of  the  Prophets  to  this  day 
constitute  one  of  the  higher  spiritual  forces  potent 
in  the  inner  life  of  the  civilized  nations.  It  does 
not  lie  within  our  scope  to  pursue  this  idea,  aiming 
at  a  philosophy  of  history.  The  reader  is  referred 
to  my  work:  Der  Prophet  Jcrcmias,  pp.  47,  51,  8r. 
The  contrast  between  the  two  sets  of  influences  may 
be  briefly  pointed  out:  Worldly  dominion  or  spirit- 
ual supremacy;  expansion  of  power  or  growing 
moral  force:  material  harvests  and  successes  or  the 
radiating  of  ideal  influences  and  impulses. 

1  See  Proceedings  of  the  Synod,  published  in  Ber- 
lin, 1869,  p.  67. 


234  THE  ETHICS  OF  JUDAISM 

state  founded  upon  law,  as  these  principles 
were  proclaimed  by  Mosaism,  and  devel- 
oped in  the  teaching  of  the  Prophets — that 
is,  in  accord  with  the  principles  of  the  one- 
ness of  mankind,  of  the  equality  of  all  be- 
fore the  law,  of  the  equality  of  all  in  respect 
to  duties  and  privileges  in  the  state,  and  of 
the  liberty  of  the  individual  in  matters  of 
religious  conviction  and  creed." 

In  1885,  the  German  Israelitish  Union 
of  Congregations  published  "  Principles  of 
Jewish  Ethics."  They  had  been  discussed 
by  a  large  assembly  of  scholars  and  laymen, 
at  their  request  had  been  revised  by  me,  and 
had  then  been  endorsed  and  adopted  by 
about  350  Rabbis  and  teachers  of  religion 
of  all  shades  of  opinion  and  270  Jewish 
jurists  of  Germany  and  Austria.  Para- 
graph 14  reads:  "Judaism  commands  that 
its  adherents  shall  love  the  state,  and  wil- 
lingly sacrifice  property  and  life  for  its 
honor,  welfare,  and  liberty." 

1  See  Appendix  No.  29,  p.  302. 


CHARACTER  OF  JEWISH  ETHICS   235 


The  same  thought  was  solemnly  ex- 
pressed by  the  Sanhedrin  convoked  by  Na- 
poleon I  in  France.1 

Recently  (July  6,  1897),  the  German 
Rabbinical  Association,  whose  members  be- 
long to  various  religious  parties,  made  a 
public  declaration,  which  contains  the  fol- 
lowing :  "  Judaism  imposes  upon  its  ad- 
herents the  duty  of  serving  the  state  to 
which  they  belong  with  devotion,  and  pro- 
moting its  national  interests  with  all  their 
heart  and  might."  2 

§169.  Talmudic  Judaism   lacked  almost  The  principles 

underlying  the 

entirely  the  opportunity  to  develop  its  gen-  ^muniues- 
eral  ethical  principles  to  the  point  of  appli-  ofnon^ews. 
cability  to  the  details  and  multiplex  prob- 
lems of  practical  life.  The  Jewish  state  had 
been  annihilated,  and  the  notion  which  the 
Rabbis  were  able  to  conceive  of  a  great 
empire,  especially  of  the  Roman  empire, 
paralyzed  them  by  the  technical  perfection 

1  See  Appendix  No.  30,  p.  306. 

2  See  Allgemcine  Zeitung  des  Judenthums.  Berlin, 
July  26,  1897. 


236  THE  E  THICS  OF  JUDA ISM 


of  its  organization.1  From  the  ethical 
point  of  view,  basing  their  judgment  on 
their  own  experience,  they  considered  it 
the  embodiment  of  arbitrariness  and  lust  of 
power,  not  to  say  lust  of  oppression  and 
persecution.  Besides,  it  was  all  the  Rabbis 
could  do  to  preserve  and  cultivate  tradi- 
tion, to  foster  the  feeling  of  solidarity 
among  their  scattered  people.  Indeed, 
even  theoretic  questions  relating  to  the  or- 
ganization of  a  great  united  community  on 
the  basis  of  their  own  ideals  were  not  to 
be  thought  of.  On  the  other  hand,  they 
had  and  used  the  opportunity  to  form  au- 
tonomous communities.  Primarily  these 
communities  were  organized  with  reference 
to  religious  needs  and  religious  communion. 
Yet  the  moral  principles  underlying  them 
testify  to  a  humanity  of  such  largeness  and 
nobility  that  the  communities  of  the  civil- 
ized European  states  of  to-day  but  infre- 
quently attain  to  it. 

1  nr^-i  te>  rhbn,  Sabbath  n» 


'      CHARACTER  OF  JEWISH  ETHICS   2tf 

Here  we  meet  with  the  law  requiring  that 
moral  duties  be  discharged  with  equal 
scrupulousness  towards  outsiders  as  to- 
wards brethreri-in-faith.  As  usual,  the  gen- 
eral regulation  is  made  plain  by  means  of 
typical  cases.  It  is  said :  "  The  poor  of 
the  stranger  are  to  be  supported  with  (uv) 
the  poor  of  Israel;  the  sick  of  the  stranger 
are  to  be  visited  *  like  the  sick  of  Israel;  the 
dead  of  the  stranger  are  to  be  buried  with 
the  dead  of  Israel;  (and  the  mourners  of 
the  stranger  are  to  be  comforted  like  the 
mourners  of  Israel),  on  account  of  the  ways 
of  peace." ' 

This  prescription  is  based  upon  the  Bib- 
lical law  of  equal  love  and  care  for  the 
stranger  with  the  Israelite.  But  the  Rabbis 
bettered  it,  inasmuch  as  they  address  the 
demand  not  only  to  the  individual  but  to 
the   community   as   such.     In   the   parallel 

1  That  is,  "  nursed."  "  Visiting  the  sick  "  is  the 
technical  expression  for  tending  them. 

1  Gittin  6ia.  See  §174.  Comp.  Maimonides  Hil- 
khoth  Mclakhim,  ch.  10,  Hal.  12. 


238  THE  ETHICS  OF  JUDAISM 

passage  in  the  Jerusalem  Talmud  appears 
a  still  more  important  element.  There  it  is 
proclaimed  that  the  ethical  communion  be- 
tween Jews  and  non-Jews  shall  be  expressed 
in  the  internal  organization  of  the  commu- 
nity. This  idea  reaches  its  maturity  in  an- 
other prescription,  providing  that  strangers 
shall  be  called  upon  with  Israelites  to  ad- 
minister the  affairs  of  the  community.1 
stress  laid  by  the      §170.  The  devotion  of  the  Rabbis  to  the 

Rabbis  upon 

eentie  treatment  text  of  the  Biblical  code  and  the  acumen 

of  the  stranger. 

with  which  they  entered  into  its  explanation 
are  matters  of  common  knowledge.  Every 
germ  of  a  thought  dropping  from  the  Bible 
into  their  minds  sprouted  and  bore  fruit. 
This  appears  strikingly  in  the  treatment  of 
the  relation  of  Israelites  to  the  stranger. 
It  did  not  escape  the  observation  of  the 
Rabbinical  student  of  the  Law  that  in  enu- 
merating those  to  whom  tender  considera- 
tion is  to  be  shown,  the  Scriptures  put  the 

1  See   Jerusalem    Gittin   5 : 9.     Comp.    also    Tosefta 
Gittin,  ch.  5. 


CHA RA  CTER  OF  JE  WISH  E  THICS   2 39 

stranger  even  before  the  orphan  and  the 
widow;  he  follows  immediately  after  the 
indigent  Levite,  consecrated  to  the  service 
of  God,  and  (in  every  case  but  one)  pre- 
cedes the  Israelite  in  need  of  protection  and 
charity. 

"  In  thirty-six  passages,"  it  says.  "  the 
Scriptures  have  forbidden  the  vexation  of 
the  stranger  even  with  injurious  words." 
The  stress  laid  in  Jewish  literature  upon  the 
humane  treatment  of  the  stranger  com- 
pared with  the  Greek  view  of  the  stranger 
as  "  Barbaros  "  indicates  the  height  scaled 
by  Talmudic  morality.  Resh  Lakish  said: 
"  To  wrest  the  judgment  of  the  stranger  is 
equivalent  to  wresting  the  judgment  of 
God,"  that  is,  is  equivalent  to  attacking  the 
moral  order  of  the  universe  itself/ 

§171.  The  Rabbis  did,  indeed,  lay  down  The  stranger 

favored,  and  his 

a  difference  between  the  legal  status  of  the  rifht.3  put  upon  a 

0  religious  basis. 

stranger  and  that  of  the  Israelite,  but  only 
with  the  purpose  of  throwing  more  jealous 

1  Baba  Mesia  59b.  2  Chagigah  5a. 


240  THE  ETHICS  OF  JUDAISM 

safeguards  about  the  rights  of  the  stranger. 
The  simple,  ethical  motive  of  equality  was 
re-enforced  by  another  ethical  motive,  the 
honor  of  Israel,  and  by  a  religious  motive, 
the  honor  of  God.  "  Robbery  of  non-Jews 
is  worse  than  robbery  of  Jews;  the  former 
involves  desecration  of  the  Divine  Name,"  ' 
and  what  the  correlatives,  "desecration  of 
the  Divine  Name  "  and  "  sanctification  of 
the  Divine  Name  "  meant  to  the  Rabbinical 
world  will  appear  later. 
The  stranger's      §172.  Any  violation  of  the  rights  of  the 

participation  in 

enjoyments,  stranger,  then,  was  strongly  deprecated. 
The  Israelite  was  commanded  to  grant  him 
encouragement,  support,  and  all  the  ser- 
vices of  love  craved  by  human  need.  But 
the  communion  between  Jew  and  non-Jew 
extended  beyond  this.  The  Israelite  was 
bidden  to  give  the  stranger  part  in  what- 
ever enjoyment  life  afforded  him.     Joys  are 

1  Tosefta  Baba  Kamma,  ch.  10.  ?T3  is  the  tech- 
nical expression  for  every  sort  of  open  injury,  fraud, 
etc.,  in  opposition  to  "  secret  "  theft. 


CHARACTER  OF  JEWISH  ETHICS   24 1 

promised  and  pleasures  recommended,  but 
"  with  the  stranger  thou  must  share  them." 
"  Thou  shalt  rejoice  in  every  good  thing 
which  the  Lord  thy  God  hath  given  unto 
thee,  and  unto  thine  house,  thou,  and  the 
Levite,  and  the  stranger  that  is  among 
you  "  (Deut.  26:11). 

%\7X    Agf&m,    the    provisions    Of    the    law   "  The  stranger  in 
0    '  °  &  r  the  market-place.' 

and  the  admonition  to  show  friendship  ap- 
plied not  only  to  the  alien  settled  in  Israel's 
midst,  but  also  to  the  chance  stranger. 
The  technical  designation  for  the  latter  was 
"  the  stranger  in  the  market-place  "-— the 
market-place  that  attracts  all  alike,  and 
therefore  is  the  meeting-place  of  utter 
strangers  to  one  another.  Abayi  was  in 
the  habit  of  saying :  "  Man  should  be  in- 
ventive in  ways  of  fearing  God,  should  be 
gentle  of  speech,  should  control  his  wrath, 
and  promote  peaceable  intercourse  with  his 
brethren,  with  his  friends,  with  all  men, 
even  with  the  stranger  in  the  market-place, 
that  he  may  be  loved  above  and  below  (by 


242  THE  ETHICS  OE  JUDAISM 

God  and  by  men),  and  be  acceptable  to  all 
creatures."  '  This  commendation  of  ami- 
cable and  peaceable  relations  is  followed 
immediately  by  a  reference  to  R.  Jochanan 
ben  Zakkai's  civility,  which  comprehended 
even  the  "  stranger  in  the  market-place." 
Etwcai  legisia-       §174-   In    dealing    with    the    directions 

tion  "on  account 

ofthe^eai^<?,f  enjoining  the  equality  of  the  stranger's 
with  the  Israelite's  claim  upon  our  charity, 
we  met  with  the  motive,  "  on  account  of 
the  ways  of  peace"  (§169).  The  sadness 
of  later  times  obscured  the  moral  beauty 
of  the  thought  conveyed  by  this  phrase. 
To  the  middle  ages  it  appeared  a  restriction 
placed  upon  moral  value,  a  concession  to 
prudence,  as  though  the  injunctions  to 
which  it  is  attached  had  been  given,  not 
for  their  own  sake,  not  for  the  sake  of 
morality,  but  for  some  external  reason  of 
expediency.  It  seemed  to  touch  the  prac- 
tical  rather  than  the  ethical  side  of  con- 

1  Berakhoth  15*. 


CHARACTER  OF  JEWISH  ETHICS   243 

duct.1  In  point  of  fact,  however,  the  level- 
ing of  the  "  paths  of  peace  "  (nta?  *3Ti)  as 
a  motive  even  for  actions  tending  to  de- 
molish national  barriers  and  promote  the 
universality  of  the  moral  communion,  is  one 
of  the  highest  aims  of  moral  conduct.  That 
this  conception  covers  the  true  meaning  of 
"  ways  of  peace  "  appears  from  the  passage : 
"  The  whole  Torah  exists  only  for  the  sake 
of  the  ways  of  peace."  2  Obviously  the  idea 
here  is  the  exalted  one,  that  all  ethical  legis- 
lation converges  in  the  blessed  hope  of  es- 
tablishing peace  among  men,  and  this  prin- 
ciple of  fundamental  importance  is  enun- 
ciated,   not    in    some    recondite    Midrash 

1  Especially  in  expressions  that  fairly  amount  to 
maxims,  the  upward  striving  development  of  the 
ethical  thinker  must  reveal  itself.  It  alone  guaran- 
tees the  full  understanding  of  a  living  thought 
bequeathed  by  generation  to  generation.  Of  the 
words  of  the  Bible  and  Talmud,  suggestive  as  they 
are,  it  is  true  that  VlVrh  rhurh  D"n  miK  (Prov. 
15:24).  For  the  wise,  the  paths  of  vital  thought  go 
always  upward. 

2m^  *a*n  '33D  r6i3  minn  ^3- 


244  THE  ETHICS  OF  JUDAISM 

attributed  to  an-  obscure  disciple,  but  in  the 
Talmud  itself,  where  it  forms  the  nucleus 
of  the  discussion  on  the  "  ways  of  peace  " 
between  Abayi  and  R.  Joseph.1 

1  Sec  Gittin  59b. 


APPENDIX 


APPENDIX 


To  §  6.  It  cannot  be  denied  that  this  method 
(or  rather  lack  of  method)  of  free  Bible  inter- 
pretation induced  a  neglect  of  strictly  scien- 
tific exegesis.  The  connection  of  single  sen- 
tences with  the  whole  passage — not  to  speak 
of  the  book — in  which  they  occur  was  disre- 
garded as  completely  as  the  peculiar  spirit  or 
style  of  the  author,  and  no  account  was  taken 
Of  the  historical  circumstances  in  which  the 
expressions  originated  and  to  which  they  refer. 
It  is  a  fact  that  the  art  of  interpreting  Biblical 
language  according  to  its  natural  sense  dis- 
appeared along  with  the  desire  and  even  the 
ability  so  to  interpret  it.  (Comp.,  for  instance, 
Aben  Ezra,  Introduction  to  his  Bible  Com- 
mentary, and  Graetz,  Geschichte  der  Juden, 
vol.  xi,  pp.    13,  41    [vol.  v,  pp.   300,  328]  ).1 

1  References  to  the  History  of  the  Jews  by  Graetz 
will  be  made  first  to  the  German  original,  then,  in 
brackets,  to  the  translation  published  by  the  Jewish 
Publication  Society  of  America  (Philadelphia,  1891- 
1898). 


248  THE  ETHICS  OF  JUDAISM 

This  is  the  defect  of  the  intellectual  work  of 
the  older  Jewish  school,  in  sharp  contrast 
with  the  scientific  modern  Bible  Com- 
mentaries. The  advantage  of  the  method  ap- 
pears in  the  text. 


To  §11.  Comp.  Sotah  iob  with  its  emphatic 
"  Rather  throw  yourself  into  a  fiery  furnace 
than  put  your  fellow-man  to  the  blush."  The 
large  number  of  Rabbis  on  whose  authority 
the  sentence  is  cited  proves  the  importance 
attributed  to  it.  See  also  part  11,  end  of 
ch.  vi,  note  on  the  development  of  the  Law 
by  the  Talmud. 

In  the  passage  in  Sanhcdrin  (na)  referred 
to,  the  Talmud  represents  God  as  answering 
Joshua's  question  about  the  offender  with  ex- 
quisite naivete:  *'  Do  you  take  me  for  an  in- 
former? Find  out  the  state  of  the  case  your- 
self "  (by  drawing  lots.     See  Josh.  7). 

3- 

To  §12.  A  criticism  of  Hirsch  B.  Fassel's 
book  does  not  lie  within  the  scope  of  my  work. 
However,  so  far  as  I  know,  it  is  the  only  sys- 
tematic presentation  of  the  ethics  of  Judaism 


APPENDIX  249 

published  in  recent  centuries.  All  other  books 
attempting  the  same  combine  ethical  and  re- 
ligious doctrines  inextricably.  I  am,  there- 
fore, tempted  to  show  that  Fassel's  essay,  in 
that  it  is  not  a  specifically  Jewish  system  of 
ethics,  fails  in  the  most  important  particular. 

Its  very  title1  proves  that  first  principles 
were  not  properly  conceived,  and  that  the 
book  cannot  give  a  complete  scientific  system. 
Beyond  a  doubt  Fassel  was  master  of  the  sub- 
ject-matter, and  the  ethical  precepts  he  ex- 
pounded were  convictions  and  rules  of  con- 
duct with  him.  Yet  he  never  attained  to  a 
clear  perception  of  the  relations  of  his  sub- 
ject. The  determination  to  follow  Krug's 
strain  of  thought  was  itself  an  obstruction. 
All  honor  to  Krug's  Ethics!  But  it  is  unde- 
niable that  it  differs  fundamentally  from  the 
ethics  of  Judaism.  Krug  had  nothing  in  com- 
mon with  the  mental  disposition  of  the  Tal- 
mudic  heroes.  By  this  I  do  not  mean  that 
the  Rabbis  were  not  acquainted  with  Krug's 
categories  and  turns  of  expression — these  are 
convertible  and  transferable.     But  they  knew 

1  tSSt^Dl  pTV,  die  mosaisch-rabbinische  Tugeiid-  und 
Rechtslehre,  bearbcitet  nach  der  philosophischen  Tugend- 
und  Rechtslehre  des  seeligen  Krug  und  erlduiert  mil 
Angabc  der  Qucllcn  von  H.  B.  F. 


250  THE  ETHICS  OF  JUDAISM 

nothing  of  his  subject-matter,  of  his  questions 
and  answers,  his  problems  and  solutions.  On 
the  other  hand,  Krug  probably  had  no  concep- 
tion of  the  peculiarity  of  Jewish  ethics,  the 
specific  character  of  its  principles,  its  theory 
of  life  and  the  world.  Certainly  he  had  no 
reason  to  take  them  into  consideration  in 
formulating  his  own  system. 

Fassel  marshals  a  great  number  of  moral 
principles,  but  his  exposition  of  them  is  slight, 
his  effort  to  derive  or  establish  them  still 
slighter.  A  rich  treasure  of  Talmudic  sayings 
and  teachings — the  most  valuable  part  of  the 
work — is  quoted  in  exemplification  of  his  bald 
fundamentals.  These  sayings  and  teachings 
are  utterly  unconnected.  They  are  piled  up 
without  regard  to  order.  Their  subordination 
to  the  general  statements  constructed  after 
Krug's  has  almost  no  effect  in  revealing  the 
true,  inner  connection  of  the  sentiments.  The 
philosophic  light  derived  from  Krug  burns  but 
dimly. 

Thus  it  came  about  that  even  so  learned  a 
man  as  Fassel  put  at  the  head  of  his  work  the 
inapt  equation  between  ODt^ni  pTV  and  the 
doctrine  of  virtue  and  law.  The  concept  or 
the  word  P"i¥  has  a  varied  and,  even  aside 
from  its  supposed  connection  with  the  Sad- 


APPENDIX  251 

ducee  party-name,  an  interesting  history,  par- 
ticularly significant  in  its  derivatives.  In  this 
history  it  suffices  to  call  particular  attention  to 
the  following:  On  the  one  side,  leaving  its 
original  province  entirely,  the  idea  is  narrowed 
down  to  nplV ,  which  means  "  charitable 
deed,"  "  benevolence,"  or  only  the  "  charity 
strong-box."  On  the  other  side,  it  enlarges 
its  scope  to  pHV,  the  ideal  of  manhood,  the 
exponent  of  all  that  is  good.  Even  in-  the 
phrase  B22>D1  nplis,  occurring  in  Prov.  21:3 
and  Ps.  33 :  5,  R.  Eleazar  (Sukkah  49b)  takes 
the  word  np*t¥  to  mean  "  alms." 

Again,  pi¥,  which  occurs  in  the  Bible  only 
four  times  in  combination  with  t22E>D1  (Ps. 
89:  l5',  97:2;  Prov.  1:3;  2:9)  always  means 
"  justice "  as  a  principle,  and  BDtyo  implies 
both  the  statute  and  its  execution.  Even  the 
two  together  do  not  constitute  the  whole  of 
the  moral  idea  nor,  indeed,  its  highest  require- 
ment. They  may  be  looked  upon  as  the  most 
important,  the  indispensable  condition  of 
moral  association  (see  part  11,  §283),  as  the 
beginning  and  the  premise  of  nobler  forms  of 
fellowship,  because  their  opposites  set  up  the 
most  effectual  barriers  between  man  and  man. 
Law,  therefore,  may  be  called  the  foundation 
of  moral  society,  but  it  is  not  the  whole  struc- 


252  THE  ETHICS  OF  JUDAISM 

ture,  certainly  not  its  crowning  glory.  Or, 
to  use  another  figure  of  speech,  the  vineyard 
must  be  cleared  of  stumps  and  stones  and 
fenced  in  to  insure  conditions  favorable  to 
growth,  but  to  produce  wine  more  is  neces- 
sary. Vines  must  be  planted  and  nursed  be- 
fore the  field  can  be  called  a  vineyard.  The 
Psalmist  (89:15)  gives  the  essential  meaning  of 
BQSJ'Dl  pntf  in  the  exalted  expression:  "Justice 
and  judgment  are  the  prop  of  thy  throne," 
but  what  of  the  rest  of  the  verse :  "  Mercy 
and  truth  precede  thy  presence?" 

It  would  not  be  difficult  to  put  the  kernel 
of  Jewish  ethics  into  words  that  are  terser 
and  more  striking.  They  should  denote 
either  the  most  comprehensive,  or  the  high- 
est, or  the  most  distinctive  concept  of  the 
ethics  of  Judaism.  These  three  attributes  are 
found  united  only  in  the  words  vnft  BHsnfc 
"You  shall  become  holy."  Hence  the  idea 
of  "  holiness  "  may  be  regarded  as  the  sign- 
manual  of  the  ethics  of  Judaism.  From  the 
accurate  definition  of  this  principle  all  ethical 
maxims  can  be  deduced  naturally  and  surely, 
in  logical  order.  It  is  an  absolutely  universal 
and  a  pre-eminently  formal  principle. 

By  using  as  a  fundamental  principle  such 
concepts  as  "  law  and  justice,"  which  desig- 


APPENDIX  253 

nate  manifestations  of  the  ethical  idea,  that  is, 
actual  conditions,  methodological  purposes 
are  thwarted  rather  than  furthered.  The  ap- 
plication of  the  ethical  idea  to  other  concrete 
conditions  is  made  difficult,  if  not  impossible. 
A  fundamental  principle  of  this  character  is 
not  sufficiently  elastic  to  embrace  the  different 
spheres  of  existence,  the  various  modes  of 
life,  the  emotional  relations,  in  which  the  eth- 
ical idea  is  to  be  made  real.  It  is  true  that  in 
establishing  a  principle  of  logical  sequence 
and  orderly  derivation  of  such  perfection  as 
to  afford  a  basis  for  an  elaborate  (applied) 
system  of  ethics,  we  cannot  dispense  with  a 
knowledge  of  the  actual  relations  of  persons 
and  things  gained  from  external  sources,  that 
is,  from  experience.  Every  system  of  ethics 
is  based  upon  the  presupposition  of  a  natural 
world  in  which  moral  ideas  are  to  take  effect. 
But  the  attempt  to  discover  in  the  funda- 
mental principle,  not  alone  the  guiding  rule, 
but  the  concrete  subject-matter  of  ethics  as 
well,  is  successful  only  by  way  of  logical  sub- 
terfuges, in  other  words,  is  only  seemingly 
successful. 

For  Maimonides  and  Aristotle,  see  Appen- 
dix No.  14,  p.  273. 


254  THE  ETHICS  OF  JUDAISM 


4- 

To  §14.  Grunebaum  in  his  book,  Die  Sittcn- 
Ichrc  dcs  Judcnthums  andcrcn  Bckcnntnisscn 
gegcnilbcr  (Strassburg,  1878),  expressed  this 
idea  (p.  200),  and  confirmed  it  by  excellent 
illustrations.  "  It  is  absolutely  necessary  to 
understand  the  language  of  the  old  teachers, 
disengage  the  kernel  from  the  shell,  and  know 
how  to  distinguish  between  form  and  essential 
meaning." 

5- 

To  §15.  Granted  that  the  passage  as  it  oc- 
curs in  the  Talmud  (Sotah  35*)  and  in  the 
quoted  Midrash  describes  a  miracle.  That 
merely  removes  the  true  explanation  one  step 
further  back.  For,  what  is  the  spiritual  source 
of  a  legendary  miracle?  The  very  belief  in 
the  power  of  the  ideal  conveyefl  by  the  quoted 
passage,  by  the  whole  context,  indeed,  in 
which  it  is  found,  beginning  with  "  God  bears 
the  world,  etc." 

If  the  prolific  author  of  the  legend,  R. 
Berechiah,  was  not  conscious  of  its  true  im- 
port, that  would  only  go  to  show  that  the  ex- 
pression "he  prophesies  and  knows  not  what" 
(x:n  no  SV  ah)  KPi)  was  applicable  to  him. 


APPENDIX  255 

In  fact,  it  is  not  necessary  for  any  one  indi- 
vidual to  be  conscious  of  the  thought,  to  think 
it  abstractly.  The  spirit  of  the  people  which 
produces  the  legend  unconsciously  cherishes 
the  idea  as  a  creative  cause. 

With  regard  to  the  commentary  upon  the 
verse  from  Ecclesiastes,  it  should  be  said  that 
there  are  many  variants,  some  based  upon 
pin''  j*K  (v.  3),  some  upon  gnn  J-K  (v.  9); 
now  using  nhvfcb,  now  DT)p.  In  the  con- 
text the  last  may  have  referred  originally  to 
precedence  in  time  or  to  superior  excellence. 
The  fundamental  thought  remains  the  same: 
in  the  moral  world  and  only  in  it  is  found 
•  what  is  lacking  in  the  natural  world. 


To  §15  (end).  Comp.  also  Sabbath  ioa  and 
the  fine  passage  in  Maimonides,  Hilkhoth 
Sanhcdrin,  ch.  23,  Hal.  9,  which  clearly 
illustrates  the  intimate  connection  between 
law  and  religion  so  characteristic  of  Jewish 
ethics,  (Comp.  also  part  11,  §284  and  Ap- 
pendix thereto.) 

7- 

To  §30.  A  monograph  on  ni3K  7TDT  would 
be  highly  desirable.     The  meaning  of  the  term 


256  THE  ETHICS  OF  JUDAISM 

should  be  defined,  its  historical  development 
traced,  and  a  critical  appreciation  of  its  various 
ethical  aspects  thus  made  possible.  As  a  mat- 
ter of  course,  such  an  essay  should  enter  into 
a  psychologic  consideration  of  the  stimulating 
and  the  relaxing  influence  exerted  by  the  idea. 

8. 

To  §  38.  See  Schiller's  Brief e  iiber  die  asthc- 
tische  Erzichung  des  Mcnsclicn.  However,  it 
should  be  pointed  out  that  under  various 
guises  aesthetic  motives  enter  into  symbolic 
religious  practices  and  customs  as  prominent 
factors,  more  assertive  and  influential,  in  fact, 
than  the  whole  of  religious  art.  It  would  be 
an  interesting  piece  of  psychologic  work  to 
determine  their  place.  The  festivals  with  their 
attendant  ceremonies  are  full  of  aesthetic  mo- 
tives, and  the  Rabbis  softened  and  refined  the 
punctilious  rigor  of  the  law  by  investing  its  ob- 
servance with  forms  of  beauty;  "the  beauti- 
fying of  duty"  (m^D  TiTn)  is  a  standing  re- 
commendation. 

9. 

To  §48*.  The  footnote  on  Bcrakhoth  \J% 
requires  additional  explanation.     I  have  taken 


APPENDIX  257 

Turing  in  the  traditional  sense  of  "  to  boast," 
the  Arukh,  for  instance,  by  a  change  of  liquids 
considering  it  the  same  as  'p-nnnV.  Others 
derive  it  from  *y]3,  "  fence,"  and  define  it  "  to 
separate,  or  seclude  oneself."  The  meaning 
of  the  sentence  in  Bcrakhoth  would  then  be: 
As  a  wordly  occupation  does  not  preclude  the 
partial  pursuit  of  science,  so  study  does  not 
preclude  practical  activity. 

Hermeneutically,  this  interpretation  is  not 
admissible.  The  context  refers  to  the  Am 
ha- Arcs,  and  the  intention  is  to  emphasize  the 
equal  value  of  different  occupations,  the  prac- 
tical and  the  learned.  Besides,  the  parallel 
passages  in  Chullin  7a,  Yoma  78*,  and  Nedarim 
8ia  unmistakably  sanction  the  sense  of 
"  boasting." 

If,  as  N"ynn»  (R.  Samuel  Edles)  maintains, 
the  question  turns,  not  upon  the  genuine 
Y~\Xn  dv  ("  ignoramus  "),  but  upon  the  lV)b 
')2)  irta*  ""DS  EtfD  DV  bll  ("  one  who  learns 
each  day  as  much  as  he  can  "),  then  the  second 
meaning  of  "njnn1?  has  been  vindicated  by  an 
ingenious  sophism,  but  the  nobler  intent  and 
whole  value  of  the  dictum  are  destroyed.  It 
was  not  worth  while  for  the  Rabbis  to  formu- 
late the  maxim.  And  why  the  sonorous  in- 
troduction :  'idi  nnn  *9M  ?     Casuistry   is  ruinous 


258  THE  ETHICS  OF  JUDAISM 

to    all    ethical    thought.      Comp.    Appendix 
Nos.  22,  23,  and  26. 

The  whole  passage  on  tmvh  "1D1»  Pl"»  ("  an 
ignoramus  may  be  slit  up ")  or  J13  linp? 
("  torn  into  pieces  like  a  fish  ")  can  be  nothing 
more  than  a  jest  (see  Pesachim  49b).  Every 
doubt  must  vanish  before  the  gradation  from 
3"nV2  l^sx  ("  even  if  it  be  the  Day  of 
Atonement  ")  and  T\1V2  T\vrh  hrw  ("  even  if  it 
fall  upon  the  Sabbath  ")  to  the  question  put 
by  the  disciples:  why  not  IBniS?1?  ("slaughter 
them")?  culminating  in  the  answer  ])VQ  fit 
'131  n212  ("  because  slaughtering  requires  a 
blessing  ").  Only  mediaeval  misery  burdening 
the  soul  could  fail  to  recognize  the  intention 
to  jest.  The  complete  change  of  meaning 
produced  by  Alfasi's  addition  ( intf  p  nsnV3 
'Dn  mM,  "because  he  ran  after  a  betrothed 
maiden,"  and  therefore  incurred  his  fate  only 
51111  D1ND0,  "  on  account  of  pursuit ")  surely 
is  an  apologetic  device  invented  by  himself 
or  one  of  his  predecessors,.  The  matter  is  as 
clear  as  daylight,  yet  here  are  a  few  proofs: 
1.  Why  should  both  R.  Eleazar  and  R.  Sam- 
uel ben  Nachmani,  quoting  R.  Jochanan,  have 
failed  to  mention  the  chief  circumstance  in  so 
important  a  matter  as  murder?-  2.  The  whole 
series  of  sentences  to  which  the  above  belongs 


APPENDIX  259 

relates  to  the  character  and  treatment  of  the 
pKH  Dl?  in  general.  Is  it  conceivable  that 
the  most  important  of  them  should  involve  a 
special  condition?  3.  If  H2  VHp7  "VMC  were 
spn  DM3D,  why  limit  it  to  the  pxn  Dl?  ?  Would 
not  the  same  law  be  applicable  to  the  TE^ri 
D3n  ("disciple  of  the  wise")?  To  allege 
NITO*^  ah  (that  "  it  does  not  occur  with  a  disciple 
of  the  wise ")  is  simply  sophistry.  What  a 
monstrous  style  for  a  lawgiver,  to  omit  men- 
tion of  the  chief  condition  leading  to  a  threat- 
ened result,  and  cite  an  unessential  fact  fav- 
oring the  condition! 

If  more  convincing  proof  were  needed  that 
these  are  but  "jesting  words"  (xnimn  KH^D), 
it  can  be  found  upon  the  same  page  in  the  ut- 
terance of  no  less  a  personage  than  Rabbi 
himself: 

nomn  mm  nxr  '&  nona  tb?3  h)2vb  iids  pxn  or 
.ppm  nom  tw  bftxb  iidn  nTinnpDiiniwSznsiwrn 
"  An  ignoramus  may  not  eat  the  flesh  of  cattle, 
for  the  Scriptures  say:  This  is  the  law  of  cat- 
tle and  fowl,  and  whoever  does  not  devote 
himself  to  the  Law  is  forbidden  to  eat  the 
flesh  of  cattle  and  fowl." 

Could  any  one  seriously  think  that  R. 
Jehudah  ha-Nasi  legally  forbade  an  ignor- 
amus, pxn  Dr,  to  eat  meat?     And  gentle  R. 


260  THE  ETHICS  OF  JUDAISM 

Akiba,  who  accuses  himself  (ibid.),  would  he 
have  touched  a  hair  of  the  head  of  a  DDn  Tc6n 
in  his  y~\Hn  Dl?  days?  Here,  too,  the  progres- 
sion from  the  dog  to  the  ass  is  proof  positive 
of  intended  pleasantry.  The  clinching  argu- 
ment is  furnished  by  R.  Chiya  (ibid.).  If  his 
words  are  not  a  wretched  joke,  they  are  pure 
nonsense.  Again,  can  it  be  supposed  that 
R.  Eleazar  ben  Azariah  meant  to  prescribe  a 
penal  procedure  by  his  severe  though  none 
too  harsh  expression:  He  who  slanders  or 
gives  ear  to  slander,  and  he  who  bears  false 
witness,  deserve  to  be  cast  to  the  dogs?  Yet, 
even  in  our  day,  H3  imp1?  "im»,  naturally  with 
its  casuistic  limitation  to  the  epV),  has  been 
considered  a  provision  of  the  criminal  law. 
See  TiEfrnn  »ob>  bv  rtfU  niS  by  Ben  Zion  f  3, 
Warsaw  5656,  1896.  Note,  p.  25.  It  is  an 
untenable  position. 

This  little  work  is  a  suggestive  warning 
against  the  dissipation  of  ample  knowledge 
and  great  acumen  by  futile  apologetics, 
brought  about  by  loss  of  ability  to  see  simple 
things  simply,  especially  to  discriminate  be- 
tween jest  and  seriousness.  All  the  expres- 
sions in  which  pT")lD1  ^bvD  occurs  are  lightly 
thrown  out;  their  subject  is  not  a  real  con- 
cern of  serious  bearing.  Instead  of  Ben 
Zion's  fifty  reasons,  only  this  one  is  needed 


APPENDIX  261 


to  justify  the  Talmudic  expression  pTnio  in 
Abodah  Zarah  2&  and  elsewhere.  All  the 
learning,  ingenuity,  and  folly  of  his  cardboard- 
house  of  fifty  arguments  against  the  false  in- 
terpretation of  the  Talmud,  collapse  under  the 
objection  that  fourteen  centuries  suffered  the 
false  interpretation  without  taking  umbrage 
at  the  sentence.  R.  Meir's  saying  that 
"words  spoken  in  a  dream  pm»  tib)  \*bvn  *b," 
neither  help  nor  harm,  in  a  word,  are  mean- 
ingless, proves  that  the  phrase  is  merely  an 
equivalent  for  pT  vb)  bw  nb,  that  they  are 
a  generality  to  which  no  concrete  meaning 
should  be  attached.  Occasionally  the  Tal- 
mud indulges  in  blunt  sarcasm.  A  Halachic 
opinion,  reported  by  Eleazar  in  the  name  of 
Rab,  displeases  Samuel.  He  says:  Give 
Eleazar  barley  to  eat.     See  Kcthuboth  JJ*. 

Mr.  I.  I.  Kalian  sent  me,  incidentally  to  his 
kind  proof-reading  of  this  work,  the  accept- 
able information  that  R.  Hai  Gaon  explained 
the  passage  in  Pesachim  49b  as  \snn  nn, 
"  jesting  hyperbole."  See  Responses  of  the 
Gconim,  ed.  Harkavy,  Berlin,  1887,  p.   197. 


10. 

To  §  49.  Would  any  importance  be  attached 
to  the  wrathful  utterances  of  a  French  franc- 


262  THE  ETHICS  OF  JUDAISM 

tireur  of  1870  or  of  a  German  patriot  of  181 3, 
who  had  recently  suffered  from  the  rigors  of 
war  in  person  and  property? 

The  collection  of  war-songs  sung  by  the 
Germans  in  'jo-ji  contains  one  verse  which 
occurs  in  the  collection  of  i8i3-'i5,  in  other 
words,  which  kept  itself  alive  during  fifty-five 
years  of  peace.     It  runs  thus: 

Schlag  ihn  todt, 

Patriot, 

Mit  der  Kriicke 

Ins  Genicke. 

Again,  one  of  the  French  songs  of  revenge 
anticipates  France's  supremacy.  At  the  end 
it  says: 

"  Meantime,  until  we  reach  the  glorious  end,  hatred 
and  murder." 

And  a  little  further  up: 

"  No  shield  henceforth  but  hate,  hate  equal  to  the 
enemy's!  " 

Even  Victor  Hugo  produces  words  of  sav- 
age passion  as  the  sorry  fruit  of  sad  events: 

"  Poison  the  wells,  the  sleeping  murder, 

Kill  them  with  axes,  pitchforks,  and  scythes." 

Ben  Yochai  had  suffered,  not  only  in  per- 
son, but  through  the  persecution  and  oppres- 


APPENDIX  263 

sion  of  what  was  dearer  to  him  than  life,  than 
his  people — persecution  imperiling  the  teach- 
ing of  the  Law,  oppression  clipping  its  prac- 
tice. 

This  subject  is  treated  excellently  by 
Michael  Sachs  (Bcitrdgc  sur  Sprach-  und 
Alter  thumsf  or  schung,  vol.  11,  p.  150):  "  As 
the  criterion  for  defining  the  attitude  of  the 
Germans  towards  the  Romanic  nations  would 
not  be  deduced  from  the  Teutomaniac  expres- 
sions of  rabid  Germans  against  southern  for- 
eigners (die  "  Wclschen "),  so  the  religious 
teachings  of  Judaism  may  not  be  judged  by 
Agadistic  interpretations  of  Biblical  passages 
originating  in  the  period  of  the  second  severe 
persecution."  And  this  thought  gathers  force 
from  the  fact  that  "  grief  over  rights  denied, 
over  unmerited  shame,  and  unheard  of  oppres- 
sion was  satisfied  to  vent  itself  in  these  sym- 
bolic interpretations  and  amplifications  of  the 
prophecies "  (p.  148).  "  History  does  not 
record  many  instances  in  which  witty  exegesis 
and  immovable  faith  were  opposed  as  sole 
bulwarks  against  might  in  full  panoply,  and 
there  is  no  parallel  to  the  triumphant  assertion 
of  an  idea  in  face  of  crushing  hatred  backed  by 
extraordinary  resources  "  (p.  145). 


264  THE  ETHICS  OF  JUDAISM 

A  hue  and  cry  has  been  raised  against  the 
expression:  "  You  are  called  men,  but  the 
other  nations  are  not  called  men "  (Baba 
Mezia  ii4b  and  Ycbamoth  6ia) — seemingly  a 
harsh  sentiment,  Its  author  is  the  aforemen- 
tioned Simon  ben  Yochai.  The  objection  to 
it  falls  to  the  ground  as  soon  as  we  recognize 
that  "  not  called  men  "  is  a  favorite  phrase  to 
denote  that  the  life  of  such  a  one  is  unworthy 
a  human  being.  In  Yebamoth  63s1  it  says,  for 
instance:  "Who  has  no  wife  is  no  man,  for 
'  male  and  female  he  created  them.  .  .  .  and 
called  them  Adam  '  (man,  Gen.  5:2);  only  the 
two  together  constitute  man."  The  phrase  is 
applicable  outside  of  the  moral  sphere,  to  the 
amenities  and  the  practical  side  of  life.  Hence 
the  expression:  "  Who  owns  no  real  estate,  is 
no  man  "  (ibid.).  Finally,  if  we  note  the  con- 
text in  both  passages,  all  harshness  vanishes. 
The  discussion  is  upon  the  ritual  question, 
whether  the  grave  of  a  non-Jew  pollutes. 
R.  Simon  says  with  regard  to  Numbers  19:14, 
"  When  a  man  dieth  in  a  tent,  etc.,"  that  man 
here  means  Israelite,  for  the  laws  of  clean  and 
unclean,  being  ritual  laws,  apply  only  to 
Israelites,  losing  their  validity,  even  for  Israel- 
ites, beyond  the  borders  of  Palestine. 

Assuming,  however,  that  the  expression  in 


APPENDIX  265 

Yebamoth  is  not  limited  to  Israelites,  do  not 
all  European  languages  call  a  cruel  or  vengeful 
man  inhuman,  a  monster?  Is  that  not  another 
way  of  saying:  he  does  not  deserve  to  be  called 
man?  Now  let  us  consider  the  Roman  perse- 
cutions and  outrages.  For  instance,  to  cele- 
brate his  brother  Domitian's  birthday,  Titus 
had  twenty-five  hundred  youths,  Jewish  cap- 
tives, slaughtered.  In  Vespasian's  honor  the 
hideous  act  was  repeated  by  Titus — Titus,  the 
"  delight  of  mankind  "!  To  slaughter  human 
beings,  defenseless,  innocent  captives,  and  to 
slaughter  them  in  celebration  of  birthday  anni- 
versaries! (Josephus,  Wars  of  the  Jews,  vn, 
2,  1 ;  3,  1 ;  5,  1.  Graetz,  Gcschichtc  der  Juden, 
vol.  in,  p.  544  [vol.  11,  p.  312]).  Is  it  going 
too  far  to  deny  the  honorable  appellation  of 
man  to  the  perpetrator  of  such  cruelty?  The 
history  of  the  humanity  that  stands  the  test 
of  war,  especially  of  victorious  war,  had  not 
yet  begun.. 

11. 

To  §50.  Thus,  if  we  meet  the  views  of  two 
opposing  parties,  as,  for  instance,  those  of  the 
Zealots  and  those  of  R.  Jochanan  ben  Zakkai, 
we  pay  to  the  one  set  the  tribute  of  compre- 
hension, to  the  other  the  tribute  of  acquies- 
cence. 


266  THE  ETHICS  OF  JUDAISM 

Vehement  anger  in  the  thick  of  the  fight 
calls  for  no  censure,  but  adniiring  praise  is 
due  him  who  rises  above  temporary  ills  to 
eternal  truths.  R.  Jochanan,  says  Graetz 
(Gcschichte  der  Juden,  vol.  iv,  p.  23  seq.  [vol.  II, 
p.  331,  in  part\),  "appears  to  have  acted  as 
a  shield  from  a  political  point  of  view  for  the 
young  communities  that  he  had  created.  His 
kindly  and  gentle  disposition,  in  which  he 
resembled  his  teacher  Hillel,  he  displayed 
even  to  the  heathen.  It  is  related  of  him  that 
he  always  greeted  them  in  a  friendly  manner 
(Bcrakhoth  ly3).  Such  friendliness  offers  a 
striking  contrast  to  the  hatred  felt  by  the 
Zealots  toward  the  heathen,  which  increased 
after  the  destruction  of  the  Temple.  The 
verse  Proverbs  14:34,  '  the  kindness  of  the  na- 
tions is  sin,'  was  taken  literally  by  the  people 
of  that  time,  and  was  applied  to  the  heathen 
world  with  evident  resentment  and  not  to  its 
credit.  They  said  bluntly:  '  The  heathen  may 
do  ever  so  much  good,  yet  it  is  accounted  to 
them  as  sin,  for  they  do  it  only  to  mock  us.' ' 

1  The  same  phrase  was  used  in  the  French  chauvi- 
nistic journals  of  this  very  decade,  whenever  a  pub- 
lic disaster,  such  as  the  assassination  of  President 
Carnot,  the  Bazar  fire  of  1897,  etc.,  elicited  words 
and  acts  of  kindly  sympathy  from  Emperor  Wil- 
liam II  of  Germany. 


APPENDIX  267 

Jochanan  alone  explained  this  verse  in  a  sense 
expressive  of  true  humanity :  '  As.  the  sin- 
offering  atones  for  Israel,  so  mercy  and  kind- 
ness atone  for  the  heathen  nations '  (Baba 
Bathra  iob),"  in  explanation  of  which  it  should 
be  said  that  the  word  nxttn  is  the  technical 
expression  alike  for  "  sin-offering "  and  for 
"  sin." 

To  gauge  the  value  which,  in  the  eyes  of  the 
Rabbinical  world,  accrued  to  this  view  from 
the  circumstance  that  it  had  originated  with 
R.  Jochanan  ben  Zakkai,  we  must  keep  in 
mind  the  prominent  position  he  occupied  at 
a  crucial  moment  in  Israel's  history.  It  lies 
beyond  the  scope  of  this  work  to  give  an  his- 
torical account.  It  can  be  found  at  length  in 
the  History  by  Graetz.  His  closing  words  de- 
serve a  place  here  (Gcschichte  der  Jnden,  vol. 
iv,  p.  27  seq.  [vol.  11,  p.  333,  in  part]):  "It 
cannot  be  repeated  too  often  that  the  solid- 
arity of  the  Jewish  people  in  the  dispersion  is 
due  to  R.  Jochanan  ben  Zakkai's  efforts.  He 
succeeded  in  re-establishing  the  bond,  par- 
tially ruptured  by  war,  which  united  the  most 
distant  communities  into  one  self-conscious, 
homogeneous  congregation.  In  his  person 
the  transition  took  place  from  the  tumult  and 
complexity  of  political  life  to  the  quiet  of  a  no 


268  THE  ETHICS  OF  JUDAISM 


less  active  communal  and  spiritual  life.  He 
joined  in  himself  the  qualities  of  the  Prophet 
Jeremiah  and  of  Zerubbabel,  the  Prince  of  the 
Return.  Like  Jeremiah,  he  sat  mourning 
upon  the  ruins  of  Jerusalem;  like  Zerubbabel, 
he  called  new  conditions  into  being,  like  him, 
he  stood  upon  the  dividing  line  between  two 
epochs,  heritor  of  the  one,  creator  of  the 
other.  Both  laid  the  corner-stone  of  a  new 
Judaism,  which  the  generation  following  them 
reared  to  the  full  height  of  its  completion." 

12. 

To  §55.  It  is  proper  to  mention  at  least  that 
the  two  tendencies  are,  as  it  were,  personified 
in  two  of  R.  Jochanan  ben  Zakkai's  most 
famous  disciples..  Severe,  unbending,  inex- 
orably firm,  R.  Eliezer  ben  Hyrkanos  teaches 
not  a  word  and  lets  none  pass  unchallenged 
that  he  has  not  heard  from  his  teacher.  R. 
Joshua  ben  Chananiah,  on  the  other  hand, 
mild,  conciliatory,  circumspect,  considerate, 
who  heeds  the  demands  of  the  present  and  of 
the  future  upon  his  people  laboring  under  their 
burden  and  panting  for  knowledge  and  spir- 
itual uplifting,  requires  a  reason  for  every 
law.     Choice  between  the  two  is  made  without 


APPENDIX  269 

hesitation.  Joshua  represents  Judaism  in  the 
spirit  of  his  master.  Nor  is  it  an  accidental  cir- 
cumstance that  R.  Eliezer,  despite  his  great 
qualities,  recognized  and  appreciated  as  such 
(by  none  more  than  by  Joshua,  his  confirmed 
opponent),  and  despite  his  unbounded  honesty 
and  self-effacing  staunchness,  should  have 
been  under  the  ban  during  the  latter  years  of 
his  life.  The  interdict,  by  the  way,  had  been 
pronounced  against  him,  in  the  interest  of  pub- 
lic welfare,  by  R.  Gamaliel,  his  own  brother- 
in-law. 

It  was  Eliezer's  principle  that  had  to  be  in- 
terdicted. Real  tragedy  hero  that  he  was,  he 
defended  it  to  the  last.  The  nobility  of  his 
character  appears  from  his  opposition  to  the 
newly  compiled  ritual,  the  same  now  in  use. 
His  foremost  objection  to  it  arose,  it  is  true, 
from  the  fact  that  it  was  not  traditional.  But 
this  was  fortified  by  the  opinion  that  prayer 
ought  to  be  the  outpouring  of  the  heart 
offered  spontaneously,  not  in  fixed,  prescribed 
forms.1 

1  We  are  not  concerned  with  prayer,  yet  it  is  not 
out  of  place  to  comment  upon  Eliezer's  opinion. 
Attractive  though  it  be  at  first  sight,  it  applies  only 
to  prayer  offered  up  in  the  privacy  of  one's  cham- 
ber. Public  divine  service,  the  regulation  of  which 
was  under  discussion,  cannot  dispense  with  an  ac- 


270  THE  ETHICS  OF  JUDAISM 

The  respect  enjoyed  by  persons  or  parties 
does  not  confer  authority.  Only  opinions 
based  upon  research  and  reason  may  lay  claim 
to  validity.  Joshua  held  firmly  to  this  prin- 
ciple, as  is  attested  by  later  legends  clustering 
about  his  discussions  with  his  opponents. 
They  adduced  signs  and  wonders  in  confirma- 
tion of  their  views,  and  finally  a  voice  from 
heaven  decided  in  their  favor.  Joshua  insisted 
that  man  alone  has  the  deciding  voice  in  hu- 
man affairs,  and  that  his  decision  must  accord 
with  reason  {Baba  Mezia  59b).  Joshua  sup- 
ported his  position  by  citing  Deuteronomy 
30:12:  "  This  commandment  is  not  in  heaven, 
etc."  He  might  have  referred  to  the  same 
thought  expressed  in  the  oldest  law  (Deut. 
13:4),  where  signs  and  wonders  are  rejected 
as  a  method  of  distinguishing  the  true  from 
the  false  prophet.  The  prophet's  teaching  is 
the  sole  consideration. 

cepted  form.  Nor  does  prayer  lose  aught  of  its 
power  of  elevating  and  edifying  by  reason  of  being 
cast  in  a  fixed  form.  It  is  a  psychologic  fact  that 
the  real  content  of  prayer,  its  thought  and  its  feel- 
ing, always  and  in  all  circumstances,  is  modi- 
fied by  the  personality  of  the  worshiper.  It  de- 
pends less  upon  the  words  spoken  than  upon  ha- 
bitual impressionability  and  the  emotion  of  the 
moment. 


APPENDIX  271 

Graetz  may  be  looked  upon  almost  as  a 
partisan  exponent  of  conservative  Judaism. 
Therefore  his  words  concerning  the  sterility 
of  traditionalism  carry  all  the  more  weight. 
In  characterizing  R.  Chanina  ben  Chama  he 
says:  "  Among  the  Amoraim  R.  Chanina  was 
like  R.  Eliezer  ben  Hyrkanos  among  the  Tan- 
naim — receptive  throughout,  never  creative. 
If  their  point  of  view  had  prevailed,  the  Ha- 
lachah  would  have  had  to  remain  always  un- 
changed, in  the  form  as  originally  given.  Its 
fruitful  application,  its  development,  and  am- 
plification were  not  their  concern "  (Graetz, 
Geschichte  dcr  Judcn,  vol.  iv,  p.  283  [vol.  11, 
p.  491,  in  part]). 

13- 
To  §  55.  There  is  pathos  in  the  story  of 
Akabiah  ben  Mahalel,  one  of  the  great  tradi- 
tionalists (Eduyoth  5:6  and  7).  He,  standing 
alone,  opposed  the  opinion  of  all  the  sages, 
because  he  would  yield  obedience  only  to  the 
tradition  he  had  received.  He  was  called 
upon  to  retract,  and  was  offered  the  highest 
imaginable  reward,  appointment  to  the  presi- 
dency of  the  Sanhedrin.  High-principled  as 
he  was,  he  refused,  saying:  "  Better  be  called 
a  fool  all  the  days  of  my  life  than  become  a 


272  THE  ETHICS  OF  JUDAISM 

sinner  in  the  sight  of  God  for  one  hour."  It  is 
no  less  touching  that  on  his  death-bed  he  ad- 
vised his  son  not  to  cling  to  his  father's  tradi- 
tion, but  to  follow  the  majority.  The  inade- 
quacy of  his  theory  is  plainly  evident  in  the 
reason  for  his  counsel.  When  his  son  wanted 
to  know  why  he  had  not  retracted,  he  an- 
swered:  "  I  heard  my  opinion  from  many,  my 

opponents   heard   theirs   from   many 

You  heard  both  opinions,  mine  from  a  single 
person,  theirs  from  many.  Follow  the  ma- 
jority." Only  -the  narrowness  of  the  tradi- 
tional principle  could  suffer  a  literal  counting 
of  those  from  whom  a  tradition  was  received, 
and  so  establish  a  difference  between  the  case 
of  the  father  and  that  of  the  son.  As  though 
the  "many  "  accepted  by  the  father  as  trans- 
mitters were  not  many  for  the  son! 

Surely,  that  he  had  not  himself  heard  these 
"  many,"  but  had  gathered  their  opinion  from 
the  mouth  of  his  father  alone,  could  not  have 
affected  the  opinion  of  the  son  seriously. 
Could  he  mistrust  the  tradition,  because  his 
father  was  a  single  individual? 

An  erroneous  translation  of  a  Talmudic 
sentence  by  Fassel  must  be  mentioned  as  a 
warning  example.  In  citing  (p.  88)  the  above 
Mishnah    from    Eduyoth,    he    represents    the 


APPENDIX  273 


father  as  answering  the  son's  question,  why  he 
had  not  retracted  at  the  bidding  of  the  ma- 
jority, as  follows :  "  Because  I  consider  my 
opinion  the  truth,  but  you,  etc."  This  is  not 
a  translation,  not  even  a  free  or  arbitrary 
translation;  it  is  the  insertion  of  an  entirely 
foreign  thought,  one  that  obviously  destroys 
the  unity  of  the  Mishnah,  The  point  in  ques- 
tion is  not  what  is  considered  the  truth,  but 
the  reason  why  a  certain  opinion  is  considered 
true,  and  this  reason  is  discovered  in  the  oppo- 
sition between  an  individual  and  a  multitude. 


14. 

To  §61.  Overzealous  exegetes  should  not 
be  permitted  to  cast  doubt  upon  this  fact. 
Truth  requires  the  admission  that  there  is  a 
minimum  of  system  in  the  Talmud,  especially 
in  the  Gemara,  and  the  logical  derivation  of 
details  from  general  principles  is  imperfect. 
This  remains  a  correct  characterization  even 
after  philologic  criticism  has  removed  late  in- 
sertions, and  leaves  only  the  text  of  our 
Mishnah  of  R.  Jehudah  or  the  hypothetical 
Mishnah  of  R.  Akiba.  Moreover,  this  mode 
of  thinking  endured  so  stubbornly  that  in  point 
of  system  even   Maimonides'  Mishnch  Torah 


274  THE  ETHICS  OF  JUDAISM 

appears  mediocre  and  inadequate,  though  its 
author  was  disciplined  by  Greek  philosophy, 
and  the  advance  in  logical  order  which  it 
registers  is  great.  Slight  attention  is  given  to 
logical  deduction;  only  the  most  subordinate 
detail  is  connected  with  the  broadest  of  prin- 
ciples, and  the  intermediate  links  marking  a 
genuine  derivation  are  absent. 

For  the  lack  of  logical  consecutiveness  in 
Maimonides'  original  philosophic  treatise,  the 
"  Eight  Chapters  "  (Introduction  to  the  Mish- 
nah  Aboth),  a  monograph  on  the  foundations 
of  ethics,  Aristotle  must  in  part  be  held  re- 
sponsible. To  have  followed  Aristotle  here 
was  not  a  happy  idea.  His  Ethics,  admirable 
as  it  is  in  other  respects,  is  especially  deficient 
in  logical  derivation  of  its  contents,.  Even 
Schleiermacher  ridiculed  the  Aristotelian 
"  swarm  of  virtues  "  in  his  Grundlinicn  einer 
Kritik  der  bisherigen  Sittenlehre  (a  curious 
though  excellent  book,  by  the  way).  Per- 
haps the  very  strangeness  of  Aristotelian  ethics 
attracted  Maimonides. 

Yet  it  is  astonishing  that  Maimonides 
should  have  failed  to  note  the  infinite  diver- 
gence between  the  Aristotelian  and  the  Jew- 
ish moral  doctrine  so  completely  as  to  inter- 
mingle the  two.     Thus  it  came  about  that  he 


APPENDIX  275 

could  speak  of  the  Aristotelian  virtues  of  "  the 
mean  "  in  the  same  breath,  as  it  were,  with  the 
divine  pattern  of  true,  real  ethics,  the  inner, 
profound  reason  for  ethical  conduct.  In  the 
first  five  paragraphs  of  the  first  chapter  of 
Hilkhoth  Dcoth,  these  virtues  of  "  the  mean  " 
are  treated  of,  and  the  closing  admonition 
reads:  "And  we  should  walk  in  these  paths 
of  '  the  mean  ' ;  they  are  the  good  and  proper 
paths,  whereof  it  is  said :  '  Thou  shalt  walk 
in  his  paths.' ':  The  sixth  paragraph  follows 
at  once  with :  "  So  this  command  was  en- 
joined: 'As  he  (God)  is  called  gracious,  be 
thou  gracious;  as  he  is  merciful,  be  thou  mer- 
ciful ;  as  he  is  holy,  be  thou  holy.'  In  this  way 
the  Prophets  invested  God  with  all  attributes, 
calling  him  long-suffering,  full  of  kindness, 
just,  perfect,  omnipotent,  etc.,  to  point  out 
that  they  are  the  good  and  proper  paths,  and 
that  men  are  in  duty  bound  to  walk  in  them 
and  to  resemble  him  as  far  as  they  can." 

What,  we  ask,  has  the  cycle  of  Aristotelian 
virtues  gracefully  disporting  themselves  upon 
the  path  of  the  golden  mean — virtues  that,  for 
the  most  part,  are  no  positive  virtues,  only 
the  mean  between  two  vices;  virtues  regulating 
the  decorous  behavior  of  the  educated,  well-to- 
do  Athenian;  virtues  utterly  removed  from  the 


276  THE  ETHICS  OF  JUDAISM 

serious  moral  obligation  which  is  of  the  es- 
sence of  the  Jewish  spirit;  virtues  the  lack  of 
which  indicates  naught  of  abysmal  guilt,  the 
possession  of  which,  naught  of  the  heavenly 
heights  of  moral  purity  before  God — what 
have  these  comely,  amiable  virtues  to  do  with 
the  unutterably  sublime  idea  of  divine  mo- 
rality? If  this  collocation  of  ideas  is  not  blas- 
phemy— and  of  blasphemy  Maimonides  cer- 
tainly was  never  guilty — then  it  shows  absence 
of  critical  thought;  it  is  thoughtlessness  begot 
of  the  currency  of  Aristotelian  concepts  and 
the  veneration  for  them. 

The  master,  Aristotle  himself,  was  more 
prudent.  His  "  God  "  has  none  of  the  virtues 
that  are  to  lead  and  adorn  men.  Justice,  free- 
dom, goodness,  are  notions  belonging  to  this 
world — a  world  with  which  God  has  absolutely 
no  connection.  He  does  not  even  know  the 
world,  for  knowledge  of  evil  would  defile,  de- 
grade him.  The  twelfth  book  of  Aristotle's 
Metaphysics  and  the  eighth  of  his  Physics 
make  it  clear  beyond  a  doubt  that  his  "  God  " 
is  not  a  motive  force;  that  he  knows  naught 
beside  himself.  "  God  "  thinks,  but  he  thinks 
only  himself,  and  in  this  self-examination  he 
finds  beatitude.  Yet  it  is  not  so  much  Aris- 
totle's metaphysical  view  of  God  as  his  view  of 


APPENDIX  277 


the  world  that  separates  God  from  the  world, 
particularly  the  sublunar  world.  Aristotle 
considers  nothing  in  the  world  worthy  to  be 
the  .object  of  God's  thought.  The  funda- 
mental difference  lies  not  in  his  theology,  but 
in  his  ethics. 

In  fact  only  an  ethical  principle  of  super- 
lative force,  rigor,  and  elevation  may  be 
coupled  with  the  divine  pattern  of  morality 
(comp.  part  n,  §  214).  It  is  perhaps  most 
characteristic  of  the  Ethics  of  Aristotle  that 
politics,  and  politics  alone,  was  regarded  at 
once  as  its  point  of  departure  and  as  its  aim. 
Ethics  was  not  an  edifice  standing  alone;  it 
was  merely  a  little  annex  to  the  palace  of  poli- 
tics. (See  Nicomachcan  Ethics,  passim,  but 
especially  1,  1  and  end.) 

Here  we  have  the  whole  opposition  between 
the  two  Systems:  For  Aristotle  the  politics  of 
the  tiny  Greek  state  was  the  be-all  and  end-all 
of  ethical  consciousness.  The  Prophet's  and 
the  Psalmist's  ideas  culminated  in  the 
thought  of  God  as  the  archetype  of  morality, 
inasmuch  as  he  prescribes  a  moral  aim  for 
the  world,  and  leads  the  world  to  its  realiza- 
tion. For  instance,  God's  justice  appears  in 
"131  pivn  hm  D1QE",  "  With  righteousness  shall 
he   judge   the    world,   and    the    people   with 


278  THE  ETHICS  OF  JUDAISM 

equity"  (Ps.  98:9).     Mark    ^2T\>  which  com- 
prehends the  whole  earth  and  all  nations! 

The  ethical  idea  of  God  is  most  beautifully 
expressed  in  a  little  Psalm  (67),  whose  uni- 
versal tendency  is  palpable: 

(2).  "  God  be  merciful  unto  us,  and  bless 
us;  may  he  cause  his  face  to  shine  upon  us," 
— that  the  rays  of  his  light  may  fall  upon  us. 

(3).  "  That  thy  way  may  be  known  upon 
earth,  thy  salvation  among  all  nations. 

(4).  "  Let  the  people  praise  thee,  O  God; 
let  all  the  people  praise  thee. 

(5).  "  The  nations  are  glad  and  sing  for  joy, 
that  thou  judgest  the  people  righteously  and 
governest  the  nations  upon  earth." 

(6)  like  (4). 

rb)2> ,  at  the  end  of  this  exquisite  Psalm, 
does  not  mean  "  vegetation,"  but  (figuratively) 
"product."  That  all  nations  praise  God  for 
his  moral  government  of  the  world,  is  the 
highest  "  product  "  of  the  whole  of  life  on 
earth  (v.  7).  "  God  bless  us,"  and  if  he  blesses 
us,  "  all  the  ends  of  the  earth  will  fear  him  " 
(v.  8), — then  the  uplifting  consciousness  of 
the  divine  government  or  moral  order  of  the 
world  will  spread  to  the  uttermost  limits. 

A  literal  interpretation  of  v.  7  is  not  in  keep- 
ing with  what  goes  before.     How  could  the 


APPENDIX  279 


poet  descend  so  abruptly  from  the  heights  of 
world-ideas  to  cornfields  and  vineyards?  And 
how  tame  the  prospect,  that  if  or  because  God 
gives  food  to  the  people,  all  ends  of  the  earth 
will  adore  him!  To  remove  any  lingering 
doubt  concerning  the  figurative  meaning  of 
rh\l\  see  "D1  PBDSn  pKO  n»K,  "  Truth  springs 
out  of  the  earth,  and  righteousness  looks  down 
from  heaven"  (Ps.  85:12).  The  moral  mean- 
ing of  nox  (taken  as  truth  or  as  loyalty)  is  in- 
contestable, therefore  nDVn  must  be  used  in  a 
figurative  sense.  And  are  not  n»¥  and  7\y< 
correlative  terms? 

IS- 

To  §  64.  In  general  it  is  a  risk  to  follow 
later  commentators  blindly.  Often  they  were 
tainted  by  the  faults  of  a  decadent  civilization, 
and  panting  under  the  burden  of  the  times, 
were  unable  to  rise  to  the  exalted  sentiment 
of  older  sayings.  The  examples  cited  below 
show  the  necessity  of  throwing  off  all  bias 
in  order  to  comprehend  the  original  idea  in  its 
purity  and  elevation. 

1.  The  noble  sentence:  "When  a  member 
of  a  brotherhood  dies,  the  whole  brotherhood 
should  mourn  for  him "    (Sabbath    io6a),   is 


280  THE  ETHICS  OF  JUDAISM 

stripped  of  its  ethical  meaning  by  Rashi,  al- 
though R.  Chiya  bar  Abba's  quotation  from 
R.  Jochanan  makes  its  true  import  apparent 
(ibid.  io5b). 

2.  The  thought  tested  and  approved  by  ex- 
perience, that  "  the  influence  of  virtuous  men 
(called,  as  everywhere,  D'pnv  )  is  greater  after 
death  than  during  life,"  is  connected  with  a 
miracle  tale,  and  robbed  of  the  exalted  lesson 
it  conveys  (Chullin  yh). 

3.  Again,  the  application  depreciates  the 
beautiful  saying:  "  Great  is  work  (a  trade),  it 
honors  the  workman  "  (Ncdarim  49b). 

4.  Reverence  for  Rashi  and  the  profound 
gratitude  Talmud  readers  owe  him  should  not 
stand  in  the  way  of  giving  the  truth  its  due. 
Quoting  Rab,  R.  Jehudah  explained,  that  in 
the  words  of  the  Psalmist  (105:15,  cited  in  the 
text,  in  §  70),  "  Touch  not  mine  anointed," 
"  the  anointed  are  the  schoolchildren  "  (Sab- 
bath ngb),  for  they  are  called  to  bring  redemp- 
tion to  future  generations.  Rashi  seems  to 
have  considered  the  flight  too  bold.  He  ex- 
plains the  words  by  the  custom  of  "  rubbing 
oil  on  the  heads  of  children,"  and  so  spoils  the 
ethical  admonition  they  convey  and  their 
poetic  beauty. 

5.  The  following  is  even  worse:   The  moral 


APPENDIX  28l 

teachings  of  Psalm  15  are  expounded  in  the 
Talmud.  The  words,  "  That  lendeth  not  out 
his  money  for  interest,"  are  supplemented 
simply  by:  "  not  even  to  the  stranger." 

The  Bible,  then,  influenced  by  considera- 
tions of  political  and  economical  expediency, 
makes  a  difference  between  loans  to  a  native 
and  those  to  strangers.  But  the  Talmud,  ris- 
ing to  the  plane  of  the  purely  ethical,  the  uni- 
versally humane,  abolished  the  difference. 
Rashi  adds  to  the  words,  "  not  even  to  the 
stranger,"  the  explanation,  "  that  he  may  not 
be  tempted  to  take  interest  from  the  Israelite." 
This  shows  that  after  all  he  objects  only  to  the 
interest  forbidden  by  the  Bible,  and  cannot 
maintain  the  high  standard  of  the  progressive 
Talmud.  Comp.,  however,  Baba  Mecia  J\A. 
It  is  noteworthy  that  R.  Amram  Gaon  de- 
mands that  scholars  at  least  shall  take  no  in- 
terest whatsoever  (the  technical  expression  is 
"  not  a  mote  of  interest " !)  from  non-Jews 
(Responses  piv  niH?  40a). 

16. 

To  §  64.  Instead  of  rm^IflD  we  should  prob- 
ably read  vnvbtf,  the  d  being  a  dittography 
of  the  last  letter  of  the  preceding  word  D^o^n 
(I.  I.  Kahan). 


282  THE  ETHICS  OF  JUDAISM 

In  any  event  the  root  nbv  is  the  reason  of 
the  derived  interpretation. 

17- 

To  §  65.  In  many  cases,  it  is  true,  the  defi- 
nite occasion,  consequently  the  restricted 
meaning,  has  been  asserted  only  by  the  his- 
torians. Such  assertions  should  be  accepted 
with  great  caution.  For  instance,  an  ingeni- 
ous, fertile  historian  like  Graetz  may  invent 
the  "  historical "  situation  from  a  given  say- 
ing supposed  to  be  an  allusion  to  it,  or,  again, 
may  connect  an  actual  occurrence  with  some 
saying  upon  whose  origin  tradition  is  silent.. 
Often  "  probabilities  "  are  the  only  counters, 
and  even  so  the  result  shows  discrepancies. 
Take,  for  example,  the  boldness  of  Graetz  in 
converting  the  oration  in  Isaiah  37:22-27 
scq.,  which  the  Prophet  represents  as  the  word 
of  God  to  Hezekiah,  into  a  letter  supposed  to 
have  been  written  by  Hezekiah  to  Senna- 
cherib! It  is  inexplicable  how  the  address  in 
the  second  person  to  Sennacherib  can  be  con- 
sidered a  justification  for  this  opinion,  in  view 
of  numerous  examples  of  such  addresses  in 
the  Prophetical  writings  (comp.  only  Jer. 
51:13;    22:20).      Besides,   the   highly   poetic 


APPENDIX  283 

form  of  the  verses  is  suited  to  a  prophetic 
oration,  but  hardly  to  a  letter  dictated  to  a 
secretary  of  state  and  destined  for  the  king  of 
a  foreign  country.  If  it  had  been  a  letter  of 
friendship,  it  might  have  passed.  A  state 
document  of  such  menacing  import  not  even 
the  Orient  would  be  likely  to  couch  in  ex- 
travagant language. 

18. 

To  §  65.  Such  brief,  incisive,  and  widely  cur- 
rent sayings  deserve  particular  attention  in  an 
historical  treatise  on  ethics.  They  possess 
qualities  in  common  with  the  oldest  lapidary 
legislation  (comp.  px  rnmb  and  Deut.  27:3). 
Theoretic  research  and  speculation  alike  go 
back  to  them  for  the  varied  application  and 
the  acute  analysis  of  a  given  ethical  doctrine, 
and  the  unsophisticated  layman  is  no  less 
quick  to  discover,  in  everyday  events,  the  op- 
portunity to  apply  such  general  maxims, 
though  he  may  not  be  able  to  apprehend,  cer- 
tainly not  to  state,  the  logical  chain  of  ideas 
which  legitimates  the  practical  application. 

Among  the  sentences  which  have  occa- 
sionally a  restricted,  but  usually  a  general 
meaning,  the  following  (quoted  in  part  II, 
§  214)  may  be  reckoned:  "  the  commandments 


284  THE  ETHICS  OF  JUDAISM 

are  not  given  for  enjoyment "  {yh  miXD 
unj  rmrP?).  For  Halachic  purposes  (see  Rosh 
ha-Shanah  28a;  Erabin  3ia)  the  expression  is 
restricted  to  its  legal  sense :  the  use  of  an  object 
in  the  execution  of  a  ceremonial  law  (a  S  ho  far, 
for  instance,  in  blowing)  is  not  considered  en- 
joyment. There  is  no  doubt,  however,  that 
originally  and  in  much  earlier  times  the  ex- 
pression had  a  wider  meaning.  In  fact,  only 
through  the  latter  does  its  specialized  appli- 
cation become  intelligible  and  rational.  Why 
should  the  employment  of  an  object  in  the 
fulfilment  of  a  command' not  be  considered 
profitable  employment?  And  if  the  point  in 
question  were  only  HfcOn  11D*K1  "inTI ,  "  a  per- 
mitting or  forbidding  of  pleasure,"  why  should 
the  impressive  phrase  uriJ  vb  have  been 
chosen?  But  the  Rabbinical  mind  was 
solicitous  about  keeping  the  ethical  principle 
free  from  any  admixture  of  the  idea  of  utility. 
The  saying  is  therefore  directed  against  the 
eudaemonist,  still  more  against  the  hedonist 
view  of  life.  The  doctrine  of  Epicurus  must 
have  had  wide  vogue  in  Palestine,  else  its 
author  could  not  have  been  represented  as  the 
antitype  of  the  law-abiding  Jew  (see  Aboth 
2:19). 

The  pleasure  derived  from  the  fulfilment, 


APPENDIX  285 


especially  from  the  glad  fulfilment,  of  com- 
mands had  probably  become  an  Epicurean 
subterfuge,  which  the  ethical  spirit  of  the 
Rabbis  desired  to  render  unavailing,  so  that 
men  might  fulfil  duty  for  its  own  sake.  Here, 
as  in  so  many  cases,  the  Kantian  conception 
of  duty  and  its  contrariety  to  inclination  sug- 
gests itself  (comp.  part  11,  §207,  and  see 
Steinthal,  Allgcmcinc  Ethik,  pp.  42-54). 

Certain  passages  of  Holy  Writ  undergo  a 
like  change  of  meaning.  For  instance,'  the 
phrase  ^jnspnDi  TIC  D«p3  DJVni  has  been  torn 
from  the  context,  in  which  it  signifies :  "  Then 
shall  you  be  free  of  your  obligations  towards 
God  and  towards  Israel."  Since  days  imme- 
morial, whether  used  by  the  people  as  a  pro- 
verbial admonition  or  in  learned  ethical  writ- 
ings, it  has  assumed  the  meaning:  "  Alan  must 
seek,  not  only  to  be  guiltless  before  his  God 
and  his  fellow-men,  but  also  to  appear  guilt- 
less." 

Scrupulous  accuracy  in  the  citation  of 
sources  would  require  the  derivation  of  this 
sentence,  which  undoubtedly  is  a  Jewish 
ethical  doctrine,  not  from  the  Bible,  but  from 
the  authors  who  have  used  it,  and  given  it 
currency,  in  the  new  meaning.  The  latter 
occurs  in  so  early  a  source  as  the  Talmud  (see 


286  THE  ETHICS  OF  JUDAISM 

Pesachim  13*;  Yoma  38*;  Jerusalem  Shekalim 
3:2;  and  elsewhere). 

Another  instance  is  afforded  by  the  words 
of  the  Psalmist  (quoted  in  §38),'?''ni?K!?,,nDi:)i?'', 
"  they  go  from  strength  to  strength "  (Ps. 
84:8).  They  are  applied  with  great  frequency, 
but  always  in  the  later,  broad  meaning.  For 
their  peculiarly  suggestive  use  with  this  con- 
notation, in  an  important  Talmud  passage,  see 
Appendix  No.  40  in  part  11. 

19. 

To  §  73.  Sifrc  Debarim,  §  240,  is  an  old 
source  reflecting  the  popular  feeling. 

To  the  Biblical  passage:  "Because  she 
hath  wrought  a  disgraceful  deed  in  Israel " 
(Deut.  22:21),  the  remark  is  added:  "  She  has 
defiled,  not  only  herself,  but  all  the  maidens 
in  Israel  "  Luther  is  singularly  mild  here. 
He  translates  rbli  by  Thorhcit  ("  folly  ")•  Pos- 
sibly this  word  has  lost  in  weight  of  condem- 
nation what  S chimp f  has  gained.  The  latter 
has  sunk  from  mere  sport  to  disgrace. 

Briefer  in  expression,  yet  more  comprehen- 
sive in  meaning  than  the  commentary  of  Sifrc, 
is  the  parallel  passage  in  the  Jerusalem  Tal- 
mud: "This  one  defiled  all  Israel"  (Kcthu- 
both  4:4). 


APPENDIX  287 


20. 

To  §  76.  The  depth  of  Maimonides'  ethical 
speculation  is  brilliantly  illustrated  in  his 
eighth  chapter.  Aristotelian  though  he  was, 
he  emphasizes  the  coherence  of  all  morality, 
the  dependence  of  details  upon  the  fundamen- 
tal principle.  He  goes  so  far  as  to  ascribe 
prophetical  spirit  to  him  who  derives  single 
moral  requirements  from  the  essence  of  the 
idea  of  the  good,  and  so  puts  him  upon  the 
highest  round  of  the  ladder  of  ethical  percep- 
tion. It  is,  of  course,  not  necessary  to  be  con- 
scious of  all  the  middle"  terms  between  the 
loftiest  ethical  concept  and  the  practical  ques- 
tion under  consideration  (comp.  §  61  and  Ap- 
pendix to  latter;  also  my  work  Lebcn  dcr  Seek, 
vol.  in,  p.  41).  Ethical  conviction  effects  the 
junction  between  the  highest  principle  and  the 
problems  of  real  life  as  they  successively  pre- 
sent themselves. 

The  expression  riNTa  Dm  or  niiVEQ  non» 
(see  Dcbarim  Rabbah,  ch.  4)  has  at  times  been 
used  in  a  narrow  sense.  The  spirit  of  the  Rab- 
binical world  and  of  Judaism  invested  it  with 
the  meaning  in  the  text,  and  in  this  meaning 
it  became  a  household  word. 


288  THE  ETHICS  OF  JUDAISM 


21. 

To  §  84.  Kayserling,  Das  Moralgcsctz  des 
Judcnthums,  etc.,  translates  R.  Jochanan's  say- 
ing thus:  "  Ethico-religious  knowledge — and 
at  bottom  such  knowledge  is  the  whole  of 
wisdom — has  stability  only  in  him  who  con- 
siders his  knowledge  naught  as  compared 
with  the  sum  of  what  is  worth  knowing."  In 
other  words,  R.  Jochanan  is  represented  as 
urging  modesty  and  humility.  By  neglecting 
the  expression  1D¥1?  D^D,  Kayserling  has 
substituted  a  trite  sentiment  for  a  profound 
thought.  Besides,  if  it  were  a  matter  of  im- 
portance, it  might  be  demonstrated  that  R. 
Jochanan  hardly  considered  "  his  knowledge 
naught  as  compared  with  the  sum  of  what  is 
worth  knowing." 

22. 

To  §  87,  To  establish  the  meaning  of  the  last 
quoted  passage  and  justify  the  importance 
I  attach  to  it,  I  desire  to  set  up  a  general  rule 
of  interpretation  (in  compliance,  by  the  way, 
with  R.  Jehudah's  admonition  in  the  same 
section  of  Sifre,  that  general  principles  should 
be  laid  down,  and  deductions  drawn  from 
them) : 


APPENDIX  289 

If  an  expression  is  quoted  on  a  definite 
occasion,  this  does  not  prove  that  it  was 
coined  for  the  occasion.  The  particular  ap- 
plication cannot  rob  it  of  its  general  meaning. 

This  applies  with  peculiar  force  to  the  case 
in  which  the  reporter  associates  a  quotation 
with  a  thought  of  his  choice,  whereby  the  sen- 
tence quoted  is  made  to  assume  a  definite 
meaning.  In  these  circumstances  we  are  in- 
deed obliged  to  consider  the  quotation  in  its 
context,  but  we  are  no  less  under  obligation 
to  detach  it  and  examine  it  independently  of 
the  connection  in  which  it  appears. 

It  may  happen  again  and  again  that  a  re- 
porter, especially  if,  as  in  our  case,  he  is  the 
compiler,  may  merely  have  been  reminded  of 
the  quotation.  Yet  he  cites  it  as  proof. 
Mnemonic  suggestions  (xrGDDX)  were  com- 
monly used  as  proof,  though  considered  of  an 
inferior  kind.  The  compiler  may  have  been 
aware  of  the  higher  meaning,  but  along  with 
it  he  knew  another  meaning,  less  important 
than  the  first,  but  not  absolutely  contradictory 
to  it.  He  adduces  the  second,  because  it  suits 
the  context. 

Our  passage  in  Sifre  furnishes  an  admirable 
illustration.  The  compiler  desires  to  recom- 
mend rcpctitio  as  the  mater  stitdiorum.     Prob- 


290  THE  ETHICS  OF  JUDAISM 

ably  to  effect  a  connection  with  the  Bible  pas- 
sage, he  says:  "  Investigate  (k'S^qo)  the  pre- 
cepts, examine  them,  that  you  may  not  forget 
them."  We  will  not  stop  to  argue  with  him 
for  confounding  investigation,  the  purpose  of 
not  forgetting,  with  repetition,  the  means  of 
not  forgetting.  He  continues:  "Thus  said 
R.  Jacob  too:  '  Let  us  investigate  the  laws 
again  and  again  lest  rust  gather  upon  them.'  " 
To  rust  may,  indeed,  be  a  figurative  expres- 
sion for  the  psychologic  phenomenon  of  for- 
getting. But  a  simpler  remedy  would  be 
repetition,  which  certainly  did  not  suffer  for 
lack  of  terms  to  express  it,  still  less  for  lack  of 
recommendation.  One  hundred  and  one 
repetitions  are  distinctly  said  to  be  preferable 
to  a  hundred  repetitions.  But  tJ'SK'a  means 
examining,  investigating,  and  the  reading 
&]£>QK>E  (according  to  K'T  in  Friedmann  in 
loc.  cit.),  to  rub,  to  polish,  would  make  no  dif- 
ference. Not  to  rust,  in  the  sense  of  keeping 
bright  and  polished,  is  an  excellent  figure  of 
speech  for  the  thought  that  the  law  should 
remain  clear  and  true,  and  become  more  and 
more  so.  This  interpretation  is  decidedly 
favored  by  the  explanation  of  the  Bible  word 
coming  immediately  after  R.  Jacob's  sen- 
tence: '131  D*3*yrai.     It  says:     MSWBD1    D'pJO 


APPENDIX  291 

D'OBSDl.  DttQ  may  mean  to  make  fat  or  to 
spice,  but  it  certainly  is  not  a  figure  of  speech 
for  repetition  or  memory.  It  indicates  im- 
provement or  refinement  of  some  sort. 

23- 

To  §  89.  The  passage  cited  in  the  text  is  in 
somewhat  similar  case  with  that  discussed  in 
Appendix  No.  2.2.  In  Baba  Mezia  58b,  the 
Rabbis  (  l"n  is  the  expression  used)  lay  down 
the  general  dictum  nXTI  in  "MOW  ^h  "HDOn  im  hi 
"pr6so  ("  of  every  matter  left  to  the  heart  the 
Scriptures  say,  '  but  thou  shalt  fear  thy 
God '  ").  This  they  apply  to  the  particular 
case,"  men  may  not  deceive  one  another  even 
by  words."  Rashi's  traditional  explanation 
of  this  sentence,  or  rather,  of  the  words,  "11DO 
ibh,  does  not  win  assent  when  the  other  in- 
stances, that  is,  the  other  passages  to  which 
the  injunction  "prr?ND  1WM  is  added,  are  taken 
into  consideration.  There  are  four  such, 
namely,  Lev.  19:14  and  32;  25:36  and  43. 

When  deception  is  practised  by  words,  it 
may,  indeed,  be  said  that  God  and  the  agent 
alone  know  the  import  of  the  words;  hence 
the  recommendation  to  fear  God.  But  no 
such  statement  can  be  predicated  of  the  com- 


292  THE  ETHICS  OF  JUDAISM 

mands,  to  "  honor  the  face  of  the  old  " ;  not  to 
"  rule  over  thy  servant  with  rigor  " ;  not  to 
"  take  usury  and  increase  of  thy  poor 
brother;  "  and  not  to  "  curse  the  deaf,  nor  put 
a  stumbling-block  before  the  blind." 

But  these  passages  have  a  common  char- 
acteristic which  justifies  the  description  "HDD 
ih  ("  left  to  the  heart ").  They  all  deal  with 
an  indefinable  something  that  cannot  be  meas- 
ured, or  weighed,  or  determined  by  rule..  The 
delicate  perception,  the  fine  tact,  of  a  sensitive 
nature  (see  Mishnah  Baba  Mczia  58b)  is  in- 
volved in  the  manner  alike  of  showing  rever- 
ence to  old  age;  treating  subordinates;  guard- 
ing the  defenseless  and  unsuspicious  against 
every  sort  of  mortification,  and  refraining  both 
from  the  exaction  of  usury  and  from  taking 
advantage  of  a  debtor's  impoverishment.  If 
the  general  statement  quoted  in  the  text  was 
actually  applied  with  Rashi's  understanding  of 
it,  it  was  in  this  case  restricted  to  a  narrower, 
less  valuable  meaning,  which,  however,  does 
not  prevent  its  use,  as  the  other  passages 
prove,  in  its  true,  wide,  and  higher  meaning. 

In  Sifra  (on  the  cited  passages),  the  expres- 
sion is  likewise  taken  in  the  narrower  sense, 
but  it  is  made  plausible  only  by  adducing, 
under   each   general   ordinance,   a   particular 


APPENDIX  293 


case,  into  which  the  ignorance  of  the  second 
party  enters  as  a  factor. 

To  restrict  it  to  particular  cases  is  to  divest 
of  force  and  value  the  general  ethical  appeal 
conveyed  by  the  Torah  through  the  expres- 
sion nXTI  attached  to  these  commands.  It 
is  an  illustration  of  the  viciousness  of  the 
popular  casuistic  method.  If  nsm  referred 
to  ihh  "HDD  only  in  its  traditional  meaning, 
that  is,  divine  privity  in  an  act  known  to  the 
perpetrator  alone  among  men,  then  R.  Simon 
ben  Yochai's  inference  therefrom  (loc.cit.),  that 
poo  nwixD  onan  rattitt  hn:  ("  fraud  in  words 
is  greater  than  fraud  in  money  transactions  "), 
were  baseless;  according  to  our  interpretation 
it  is  completely  justified. 

One  more  reflection:  The  things  designated 
as  zbh  "HDD  are  of  paramount  importance,  be- 
cause though  at  first  only  the  best  of  mankind 
discern  and  act  up  to  them,  later  the  noble 
example  of  the  few,  being  imitated,  makes 
them  common  property,  and  the  standard  of 
morality  in  general  is  raised.  (Comp.  part  II, 
Appendix  No.  41,  end,  the  quotation  from 
Ihering,  noting  particularly  the  opposition  be- 
tween heart  and  hand.) 


294  THE  ETHICS  OF  JUDAISM 

24. 

To  §114.  Kant  attached  such  great  import- 
ance to  the  psychologic  aspect  even  in  defin- 
ing the  ethical  principle  that  to  this  day  his 
method  is  invested  with  the  appearance  of 
necessity.  In  order  to  disclaim  eudaemonism 
and  empiricism,  Kant  had  to  repudiate  also 
the  ideas  of  the  English  school  of  moral  philos- 
ophers relative  to  a  (sixth)  "  moral  sense," 
"  sympathy,"  etc.  Like  the  objective  motive, 
so  he  preserved  the  subjective  organ,  of 
morality  free  from  all  that  cannot  be  ac- 
counted pure,  ethical  volition. 

25- 

To  §117.  Rabbinical  literature  contains  sev- 
eral passages  describing  a  scale  of  ethical 
views  and  conduct,  each  stage  being  consid- 
ered the  cause  of  its  successor.  The  Mishnic 
passage  (Sotah,  ch.  9,  at  the  end)  by  R. 
Pinchas  ben  Yair  is  best  known.  The  various 
readings  in  the  two  Talmuds  and  the  Mid- 
rashim,  enumerated  by  Bacher  (Agada  der 
Tannaitcn,  vol.  II,  p.  496,  note  5),  prove  that 
from  the  first  the  consecutiveness  of  the  series 
was  not  understood.  I  am  convinced  that 
the  true  meaning  of  most  of  these  notions 


APPENDIX  295 

and  of  their  causal,  evolutionary  connection, 
as  the  author  thought  it  out,  often  with  philo- 
sophic grasp,  have  escaped  us,  for  we  have  not 
the  slightest  intimation  of  the  underlying 
psychologic  view.  In  fact,  it  will  hardly  do  to 
assume  that  the  author  under  discussion, 
known  from  other  sources  to  be  an  extremist 
and  inclined  to  mysticism,  possessed  a  clear, 
settled,  systematic  understanding  of  psycho- 
logic relations. 

Bacher's  attempt  to  interpret  the  series  is 
attractive.  S.  R.  Hirsch  (Chorcb,  §  112),  who 
accepts  the  peculiar  reading  at  the  beginning 
used  by  t]'"<^  (Alfasi),  brings  out  a  number  of 
ingenious  points,  but  many  details  as  well  as 
his  theory  as  a  whole  rest  upon  an  arbitrary 
basis.  For  example,  the  KHlpn  Pin  stage  he 
describes  as  "  enthusiasm  because  you  under- 
stand life  and  its  purpose  from  so  high  a 
plane,  because  you  grasp  every  detail,  and 
illumined  by  God  recognize  the  good  and  the 
salutary."     (See  §  64,  p.  88.) 

In  any  event,  such  passages  deal  with  stages 
in  the  development  only  of  a  single,  individual 
mind,  that  is,  with  subjective  progress.  Is 
similar  progress  asserted  of  the  public  spirit, 
of  the  human  mind  in  the  aggregate,  objec- 
tively  considered?     This   is   the   question   at 


296  THE  ETHICS  OF  JUDAISM 

the  heart  of  all  historical  science.  To  work 
out  the  answer  in  terms  of  Judaism  would  be 
a  most  grateful  task,  and  at  the  same  time 
one  most  difficult  of  successful  performance. 

It  were  an  easier  task  and,  inasmuch  as  its 
performance  leads  to  the  other,  of  more  im- 
mediate importance,  to  deduce  from  the 
sources  whether  and  how  the  Rabbinical  view 
assumes  such  development  to  have  taken  place 
in  the  general  attitude. 

The  popular  rule  which  considers  the  earlier 
authorities  uniformly  superior  to  the  later, 
would  seem  to  indicate  a  negative  answer. 
But  Talmudic  expressions  concerning  the  at- 
titude of  the  Prophets  to  the  Torah  and  of  the 
Rabbis  to  both;  the  hyperbolic  legends  on 
the  relation  of  Akiba  ben  Joseph  to  Moses; 
and  especially  the  paramount  practice  which 
makes  a  Rabbinical  ordinance  supersede  a 
Biblical  law,  give  abundant  occasion  to 
search  for  more  exact  notions  entertained  by 
the  Rabbinic  mind  upon  the  progress  of  Ju- 
daism objectively  considered. 


26. 

To  §  128.  A  classical  controversy  attaches 
to  the  expression  quoted.     On  the  one  side  is 


APPENDIX  297 

the  oft-repeated  view,  that  any  act  tending 
towards  a  good  purpose  is  valuable  even  if  its 
motive  is  not  pure.  Personal  experience  of 
the  good  must  necessarily  have  the  pedagogic 
result  of  making  the  good  habitual  and  the 
ethical  result  of  leading  to  recognition  and 
love  of  the  good  as  such.  This  view  ob- 
tained wide   currency   in   the   familiar   form: 

On  the  other  side  is  the  sterner  view  that 
the  good  should  be  practised  for  its  own  sake 
only.  Raba  sums  it  up  in  Bcrakhoth  17*: 
"  As  for  him  who  does  the  good  for  reasons 
other  than  the  good  itself,  it  were  better  he 
had  never  been  born." 

Doubtless  we  have  a  real  difference  of  opin- 
ion here.  The  one  permits,  even  demands, 
that  though  pure  motives  are  lacking,  good 
deeds  shall  be  done,  in  the  expectation  that 
others  will  follow  with  consciously  good  mo- 
tives. The  other  considers  a  good  deed  done 
from  an  impure  motive  (such  as,  ostentatious 
charity,  study  for  fame,  etc.)  a  depreciation 
of  the  good.  As  obviously  there  is  no  differ- 
ence of  opinion  regarding  the  ultimate  aim 
of,  all  morality,  namely,  to  do  the  good  for  its 
own  sake,  the  above  disharmony  can  easily 
be  resolved.     Raba  could  not  have  failed  to 


298  THE  ETHICS  OF  JUDAISM 

observe  that  the  practice  of  noble  deeds,  even 
when  not  prompted  by  the  purest  of  motives, 
often  has  the  favorable  result  of  ennobling 
the  doer  through  personal  spiritual  contact 
with  the  good,  and  leading  him  up  to  the 
heights  of  true,  full,  that  is,  conscious  mo- 
rality. But  the  general  form  of  his  state- 
ment, whose  universality  one  is  tempted  to 
make  complete  by  the  addition  of  "  always  " 
("  as  for  him  who  always  does  the  good,"  etc), 
expresses  the  idea  that  if  a  man  displays  in- 
capacity or  disinclination  to  purify  himself 
by  spiritual  experiences  and  to  be  good  con- 
sciously, then  were  it  better  he  had  never  been 
born.  Despite  occasional  good  deeds,  such 
an  one  cannot  fulfil  the  purpose  for  which  he 
was  brought  into  existence,  namely,  to  love 
and  do  the  good  for  its  own  sake,.  The 
essential  harmony  of  the  two  views  as  well 
as  the  exalted  character  of  Rabbinical  ethics 
are  strikingly  demonstrated  by  the  circum- 
stance that  neither  party  deduces  the  value  of 
good  deeds  performed  in  the  absence  of  pure 
motives  from  their  practical  effect,  which  may 
follow  regardless  of  motives,  but  from  the 
pedagogic  effect,  that  the  performance  of  good 
deeds  must,  with  psychologic  necessity,  bring 
about    perfectly    moral    deeds    and    motives. 


APPENDIX  299 

There  is  no  room  for  any  sort  of  argument 
from  practical  utility,  which  would  so  readily 
suggest  itself  to  modern  ethics.  The  question 
is  purely  one  of  personal,  ethical  value. 

I  consider  it  my  scientific  duty  not  to  leave 
the  subject  of  this  controversy  without  re- 
pudiating the  casuistic  method  of  harmonizing 
the  difference  between  the  two  views,  em- 
ployed by  our  great  interpreters,  Rashi  as  well 
as  Tosafoth.  Casuistry  does  not  serve  to  dis- 
engage the  truth  from  the  contradictory  say- 
ings of  the  Talmudic  heroes.  It  is  not  for 
me  to  pass  judgment  concerning  the  applica- 
tion of  the  casuistic  method  to  the  Halachah, 
Certain  it  is,  however,  that  in  the  domain  of 
ethics,  which  is  chiefly  Agadistic,  it  produces 
confusion  worse  confounded.  Thus,  it  is 
held  that  Raba's  view  does  not  contradict 
R.  Jehudah's  (Pcsachim  5015),  that  "  man  at  all 
times  should  fulfil  the  law  and  its  commands, 
even  if  it  be  not  done  for  their  own  sake. 
Thereby  he  will  learn  to  execute  them  from 
the  purest  of  motives."  For,  it  is  further 
held,  Raba's  dictum  applies  only  to  the  special, 
favorite  case  of  a  man's  devoting  himself  to 
study  for  some  extraneous  purpose — in  the 
supposed  instance  not  an  innocent  by-end,  but 
unholy  ambition  to  outstrip  fellow-students. 


300  THE  ETHICS  OF  JUDAISM 


This  is  a  complete  emasculation  of  Raba's 
idea.  In  its  universality  it  stands  for  an  ele- 
vated ethical  principle;  in  its  casuistic  restric- 
tion to  a  single  case  it  is  a  truism  unworthy 
of  repetition.  If  all  the  Talmudic  authorities 
in  the  world  maintained  that  Raba  had  had  in 
mind  only  the  absurd  special  case,  I  should 
not  believe  it.  And  if  the  impossible  came  to 
pass,  and  Raba  himself  confirmed  their  opin- 
ion, despite  all  deference  due  him,  I  should 
have  to  say:  Great  master,  then  your  lan- 
guage was  not  worthy  of  a  sage  and  teacher 
of  morality;  for  the  fine-spun  condition  said 
to  be  the  main  consideration,  you  did  not  refer 
to  with  a  single  word,  but  the  general  idea, 
which  you  are  supposed  not  to  have  enter- 
tained, is  expressed  without  equivocation. 
Of  what  avail  were  clearly  worded  sentences, 
if  their  meaning  were  not  to  be  gathered  from 
the  words  used,  but,  in  view  of  another  au- 
thor's dictum,  had  to  be  restricted  to  some 
quibble?  It  is,  to  say  the  least,  thoroughly 
arbitrary  to  suppose  that  Raba's  general  say- 
ing refers  only  to  "  study,"  as  the  commenta- 
tors assume. 

(By  the  way,  Tosafoth  must  have  had  vari- 
ous readings  for  the  proper  names;  in  some 
editions  R.  Lakish  and  R.  Jehudah  are  sub- 


APPENDIX  3QI 


stituted  for  each  other  in  Bcrakhoth  17*,  and 
Rab  and  Raba,  in  Pcsachim  5ob.) 

Concerning  the  position  of  the  Chinnukh  in 
this  controversy,  see  part  11,  Appendix  No.  37. 

27. 

To  §144.  The  reader  will  permit  me  to 
refer  also  to  Nachmanides'  view  (see  ch.  37), 
which  asserts  that  the  difference  between 
Akiba  and  Ben  Azai  is  that  the  latter 
considers  love  of  children  (nn^in),  the 
former,  love  of  self,  to  be  the  greater  love.  It 
is  characteristic,  then,  that  each  holds  the  love 
which  he  considers  the  greater  to  be  the  love 
enjoined  by  the  Scriptures.- 

28. 

To  §153.  R.  Eleazar's  opinion,  that  the 
Temple  service  was  an  element  in  religious 
life  calculated  to  separate  from  instead  of 
uniting  with  God,  merits  attention.  He  said: 
"  On  the  day  when  the  Temple  was  destroyed, 
an  iron  wall  between  God  and  the  congrega- 
tion of  Israel  fell  "  (Bcrakhoth  32b).  That  R. 
Eleazar  had  in  mind  particularly  the  sacri- 
ficial service  is  evident  from  his  expression 
quoted  in  the  same  passage :  "  Prayer  exceeds 
all  sacrifices." 


302  THE  ETHICS  OF  JUDAISM 

29. 

To  §168.  The  "Principles"  follow  in  full: 

1.  Judaism  teaches  the  unity  of  the  human 
race.  We  all  have  one  Father,  one  God  has 
created  us. 

2.  Judaism  commands:  "Love  thy  neigh- 
bor as  thyself,"  and  declares  this  command  of 
all-embracing  love  to  be  the  fundamental 
principle  of  the  Jewish  religion. 

It  therefore  forbids  every  sort  of  animosity, 
envy,  malevolence,  or  unkindness  towards 
any  one  of  whatsoever  race,  nationality,  or 
religion.  It  demands  justice  and  righteous- 
ness, and  forbids  injustice,  improbity,  fraud, 
taking  unfair  advantage  of  the  need,  the  heed- 
lessness, and  the  inexperience  of  a  fellow- 
man,  as  well  as  usury  and  the  usurious  em- 
ployment of  the  powers  of  a  fellow-man. 

3.  Judaism  demands  consideration  for  the 
life,  health,  powers,  and  possessions  of  one's 
neighbor. 

It  therefore  forbids  injuring  a  fellow-man 
by  force,  or  cunning,  or  in  any  other  in- 
iquitous manner  depriving  him  of  his  prop- 
erty, or  leaving  him  helplessly  exposed  to 
unlawful  attacks. 

4.  Judaism  commands  holding  a  fellow- 
man's  honor  as  sacred  as  one's  own. 


APPENDIX  303 

It  therefore  forbids  degrading  him  by  evil 
reports,  vexing  him  with  ridicule,  or  morti- 
fying him. 

5.  Judaism  commands  respect  for  the 
religious  conviction  of  others. 

It  therefore  forbids  aspersion  or  disrespect- 
ful treatment  of  the  religious  customs  and 
symbols  of  other  religions. 

6.  Judaism  commands  the  practice  of 
charity  towards  all,  clothing  the  naked,  feed- 
ing the  hungry,  nursing  the  sick,  comforting 
those  that  mourn. 

It  therefore  forbids  limiting  our  care  to 
ourselves  and  our  families,  and  withholding 
sympathy  when  our  neighbors  suffer. 

7.  Judaism  commands  respect  for  labor; 
each  in  his  place  shall  take  part,  by  means  of 
physical  or  mental  labor,  in  the  work  of  the 
community,  and  strive  for  the  blessings  of 
life  by  busy,  creative  activity. 

It  therefore  demands  the  cultivation,  de- 
velopment, and  active  employment  of  all  our 
powers  and  capabilities. 

On  the  other  hand,  it  forbids  inactive  en- 
joyment of  life  and  idleness  confident  of  sup- 
port by  others. 

8.  Judaism  commands  absolute  truthful- 
ness: our  yea  shall  be  yea,  our  nay,  nay. 


304  THE  ETHICS  OF  JUDAISM 

It  therefore  forbids  distortion  of  truth,  de- 
ceit, hypocrisy,  double  dealing,  and  dissimula- 
tion. 

9.  Judaism  commands  walking  humbly  with 
God  and  in  modesty  among  men. 

It  therefore  forbids  self-conceit,  arrogance, 
pride,  presumptuousness,  boasting,  and  dis- 
paragement of  the  merits  of  others. 

10.  Judaism  demands  peaceableness,  placa- 
bility, mildness,  benevolence..  It  therefore 
commands  the  return  of  good  for  evil,  to 
suffer  rather  than  inflict  injury. 

It  therefore  forbids  taking  revenge,  nurs- 
ing hatred,  bearing  a  grudge,  abandoning 
even  an  adversary  in  his  helplessness. 

11.  Judaism  commands  chastity  and  sanc- 
tity of  marriage. 

It  therefore  forbids  dissoluteness,  license, 
and  relaxation  of  family  ties. 

12.  Judaism  commands  the  conscientious 
observance  of  the  laws  of  the  state,  respect  for 
and  obedience  to  the  government. 

It  therefore  forbids  rebellion  against  gov- 
ernmental ordinances  and  evasion  of  the  law. 

13.  Judaism  commands  the  promotion  of 
the  welfare  of  one's  fellow-men,  the  service  of 
individuals  and  communities  in  accordance 
with  one's  ability. 


APPENDIX  305 

It  therefore  forbids  slothful  indifference  to 
the  common  weal  and  selfish  exclusion  from 
the  societies  instituted  for  charitable  purposes 
and  for  the  betterment  of  mankind. 

14.  Judaism  commands  that  its  adherents 
shall  love  the  state,  and  willingly  sacrifice 
property  and  life  for  its  honor,  welfare,  and 
liberty. 

15.  Judaism  commands  sanctification  of 
the  name  of  God  through  acts,  and  it  bids  us 
exert  ourselves  to  hasten  the  time  in  which 
men  shall  be  united  in  the  love  of  God  and 
the  love  of  one  another. 


In  obedience  to  the  fine  injunction  in  Aboth 
(6:6,  end),  I  add  the  names  of  the  members 
of  the  commission  charged  with  the  com- 
pilation of  the  "  Principles."  They  are  as 
follows:  Dr.  David  Cassel;  Dr.  Frankl, 
Rabbi;  Herr  Herrmann,  Director;  Herr  Herz, 
Privy  Councillor;  Dr.  Holzman;  Dr.  Kirsch- 
stein,  Director;  Dr.  Kristeller,  Privy  Coun- 
cillor; Professor  M.  Lazarus,  Ph.D.;  Herr 
Ludwig  Loewe,  Deputy  to  the  Reichsrath; 
Herr  Makower,  Councillor  of  Justice;  Dr. 
Maybaum,  Rabbi;  Herr  Meyer,  Councillor  of 
Justice;  Professor  H.  Steinthal,  Ph.D.;  Dr. 


306  THE  ETHICS  OF  JUDAISM 

Strassmann,  President  of  the  Common  Coun- 
cil; and*  Dr.  Ungerleider,  Rabbi.  The  first 
draft,  somewhat  more  theologic  in  coloring 
than  the  above,  was  made  by  Dr.  Kirschstein; 
the  second,  by  Herr  Makower,  was  charac- 
terized by  the  severity  and  conciseness  of  a 
legal  document.  On  the  basis  of  the  debate 
on  these  two,  I  compiled  the  above,  which 
was  accepted  by  the  commission. 


3Q. 

To  §  168.  Decisions  Doctrinales  du  Grand 
Sanhedrin  qui  s'est  tenu  a  Paris  au  mois 
d'Adar  premier,  l'an  de  la  Creation  5567 
(Fevrier  1807) 

sous  les  Auspices  de 
Napoleon-le-Grand 
avec  la  traduction  litterale  du  texte  Franqais 
en  Hebreu: ' 

1  Les  Decisions  doctrinales  ne  faisaient  que  con- 
firmer  et  rendre  doctrinalement  obligatoires  pour 
tous  les  Israelites  de  l'Empire  Frangais  les  resolu- 
tions arretees  et  votees  ant£rieurement  par  l'As- 
semblee  des  Notables  convoyee  egalement  par  ordre 
de  l'Empereur  en  1806. 


APPENDIX  3°7 

ART.  VI. 

RAPPORTS    CIVILS    ET    POLITIQUES 

Le  Grand  Sanhedrin,  penetre  de  l'utilite 
qui  doit  resulter  pour  les  Israelites  d'une 
declaration  authentique  qui  fixe  et  determine 
leurs  obligations,  conime  membres  de  l'Etat 
auquel  ils  appartiennent,  et  voulant  que  nul 
n'ignore  quels  sont  a  cet  egard  les  principes 
que  les  Docteurs  de  la  Loi  et  les  Notables 
dTsrael  professent  et  prescrivent  a  leurs 
coreligionnaires,  dans  les  pays  ou  ils  sont 
point  exclus  de  tous  les  avantages  de  la 
societe  civile,  specialement  en  France  et  dans 
le  royaume  d'ltalie, 

Declare  qu'il  est  de  devoir  religieux  pour 
tout  Israelite  ne  et  eleve  dans  un  Etat,  ou  qui 
en  devient  citoyen  par  residence,  ou  autre- 
raent,  conformement  aux  lois  qui  en  deter- 
minent  les  conditions,  de  regarder  le  dit  Etat 
comme  sa  patrie; 

Que  ces  devoirs,  qui  derivent  de  la  nature 
des  choses,  qui  sont  conformes  a  la  destina- 
tion des  hommes  en  societe,  s'accordent,  par 
cela  meme,  avec  la  parole  de  Dieu; 

Daniel  dit  a  Darius,  "  qu'il  n'a  ete  sauve 
de   la   fureur  des  lions,  que   pour  avoir   ete 


308  THE  ETHICS  OF  JUDAISM 

egalement  fidele  a  son  Dieu  et  a  son  roi " 
(chap,  vi,  v.  23). 

Jeremie  recommande  a  tous  les  Hebreux  de 
regarder  Babylon  comme  leur  patrie:  "  Con- 
courez  de  tout  votre  pouvoir,  dit-il,  a  son 
bonheur "  (Jer.  chap.  v).  On  lit  dans  le 
meme  livre  le  serment  qui  fit  preter  Gue- 
dalya  aux  Israelites:  "  Ne  craignez  point,  leur 
dit-il,  de  servir  les  Chaldeens,  demeurez  dans 
le  pays;  soyez  fideles  au  roi  de  Babylon,  et 
vous  vivrez  heureusement "  (chap.  XL,  v.  9). 

"  Crains  Dieu  et  ton  Souverain,"  a  dit  Salo- 
mon (Prov.  chap,  xxiv,  v.  21); — 

Qu'ainsi  tout  prescrit  a  l'lsraelite  d'avoir 
pour  son  prince  et  ses  lois  le  respect,  l'attache- 
ment  et  la  fidelite  dont  tous  les  sujets  ltd 
doivent  le  tribut;  que  tout  l'oblige  a  ne  point 
isoler  son  interet  de  l'interet  public;  ni  sa 
destinee,  non  plus  que  celle  de  sa  famille,  de 
la  destinee  de  la  grande  famille  de  l'Etat;  qu'il 
doit  s'afrliger  de  ses  revers,  s'applaudir  de  ses 
triomphes,  et  concourir  par  toutes  ses  facultes 
au  bonheur  de  ses  concitoyens; 

En  consequence,  le  Grand  Sanhedrin  statue 
que  tout  Israelite  ne  et  eleve  en  France  et 
dans  le  royaume  d'ltalie,  et  traite  par  les  lois 
des  deux  Etats  comme  citoyen,  est  oblige 
religieusement    de    les    regarder    comme    sa 


APPENDIX  309 


Patrie,  de  les  servir,  de  les  defendre,  et  d'obeir 
aux  lois  et  de  se  conformer,  dans  toutes  ses 
transactions,  aux  dispositions  du  Code  civil; 

Declare  en  outre,  le  Grand  Sanhedrin,  que 
tout  Israelite  appele  au  service  militaire  est 
dispense  par  la  loi,  pendant  la  duree  de  ce 
service,  de  toutes  les  observances  religieuses 
qui  ne  peuvent  se  concilier  avec  lui. 


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very  fully  in  regard  to  the  basis  of  the  complaints  made  by 
the  Jews  against  Kussia."— Public  Opinion. 


ESSAYS    AND    MISCELLANEOUS    WORKS 

JEWISH  SERVICES  IN  SYNAGOGUE  AND  HOME. 
— By  Lewis  N.  Dembitz.     487  pp.     $1.75. 

"  A  work  which  will  keep  up  the  knowledge  and  remem- 
brance of  the  devotional  life  of  the  Jews  as  it  was  in  the 
past,  and  of  the  liturgical  literature  as  it  evolved  through- 
out ages  and  in  various  countries."— Jewish  Spectator. 

STUDIES  IN  JUDAISM.— By  S.  Sohechteb.   359  pp. 

$1.75. 

"  Mr.  Schechter  is  one  of  the  few  men  whom  we  possess 
to-day  who  seem  to  understand  that  to  popularize  Judaism  is 
not  unworthy  of  the  greatest  scholar."— Emil  G.  Hirsch, 
Reform  Advocate. 

JEWISH  LITERATURE  AND  OTHER  ESSAYS.— 
By  Gustav  Karpeles.    404  pp.     $1.25. 

"  The  essays  have  the  charm  of  an  attractive  style,  com- 
bined with  a  subject  of  great  and  varied  interest."— Inde- 
pendent. 

SABBATH  HOURS.     Thoughts.— By  Liebman  Adler. 

338  pp.     $1.25. 

"  Rabbi  Adler  was  a  man  of  strong  and  fertile  mind,  and 
his  sermons  are  eminently  readable."— Sunday- School  Timen. 

SOME    JEWISH   WOMEN.— By    Henry    Zirndobf. 

270  pp.     $1.25. 

"The  side-lights  which  this  book  casts  upon  rabbinic  life 
and  thought  will  attract  readers."—  Critic. 

THE  TALMUD. — By  Arsene  Darmesteter.  Trans- 
lated from  the  French  by  Henrietta  Szold.  Boards. 
30  cents.     (Special  Series  No.  4.) 

"  Few  persons  know  what  '  The  Talmud '  signifies.    The 

booklet,  with  this  title, is  rnultum  in  parvo  on  this 

theme.  That  stup  ndous  library  of  rabbinic  lore  is  here  de- 
scribed with  a  fulness  and  a  clearness  not  surpassed  in  many 
larger  and  more  pretentious  works."— Dial. 


THE  TALMUD.— Reprinted  from  the  "Literary  Re- 
mains" of  Emanuel  Deutsch.  Boards.  30  cents. 
(Special  Series  No.  3.) 

"  When  first  published  .  .  .  made  its  author,  then  one  of 
the  under-librarians  at  the  British  Museum,  famous,  and 
still  remains  an  admirable  short  study."— Atlantic  Monthly. 

READINGS  AND  RECITATIONS.  For  Jewish  Homes 
and  Schools.— Compiled  by  Isabel  E.  Cohen.  294  pp. 

$1.25. 

"This  book  should  be  found  in  every  Jewish  home;  it 
should  find  its  way  into  every  Jewish  Sabbath-school;  for 
none  will  lay  it  aside  without  feeling  that  a  religion  which 
could  intone  such  songs  and  inspire  such  bards  has  every 
claim  upon  the  intelligent  reverence  of  those  in  its  house- 
hold born."— Emil  (t.  Hirsch,  Reform  Advocate. 

PROCEEDINGS  OF  THE  FIRST  CONVENTION  OF 
THE  NATIONAL  COUNCIL  OF  JEWISH  WOMEN 

(New  York,  1896).    426  pp.     $1.00. 

"Among  the  many  speeches  recorded,  we  have  found  sev- 
eral of  much  more  than  ordinary  power."— Public  Opinion. 

PAPERS  OF  THE  JEWISH  WOMEN'S  CONGRESS 
(Chicago,  1893).     270  pp.     $1.00. 

"  This  collection  interprets  the  motive  force  which  actu- 
ates the  daughters  of  Israel  under  all  life's  circumstances, 
and  it  is  certainly  to  the  credit  of  the  Jewish  women  of 
America  that  they  should  have  been  able  to  so  effectually 
voice  the  sentiments  and  thoughts  Hiat  pervade  their  sex." 
—Jewish  World,  London. 


FICTION. 


UNDER  THE  EAGLE'S  WING.— By  Sara  Miller. 
229  pp.     75  cents. 

"  It  is  a  story  of  the  days  of  Maimonides.  .  .  .  The  author 
is  to  be  commended  for  her  book,  that  abounds  in  stirring 
incidents  and  is  written  with  considerable  ability."— Jevnsh 
Messenger. 


THEY  THAT  WALK  IN  DARKNESS.  Ghetto  Trage- 
dies.—¥>y  I.  Zangwill.  486  pp.  $1.50.  Sold  to 
Members  only. 

"  While  the  tragic  issue  of  each  of  these  remarkable  stories 
is  inevitable,  they  are  illumined  by  flashes  of  fancy,  satire, 
irony,  and  humor.  No  reader  who  is  not  blinded  by  preju- 
dice will  rise  from  the  perusal  of  this  engrossing  volume 
without  an  enhanced  sense  of  compassion  for,  and  admira- 
tion of,  the  singular  race  of  whose  traits  and  temperament 
Mr.  Zangwill  is  perhaps  the  most  gifted  interpreter."— Spec- 
tator, London. 

LOST  PRINCE  ALMON.— By  Louis  Pendleton.  Il- 
lustrated.    218  pp.     75  cents. 

"It  is  a  charmingly  written  story  of  the  little  Prince 
Jehoash,  son  of  Ahaziah,  whom  the  Prince  Jehoiada  had 
rescued  from  the  clutches  of  Athaliab.  .  .  .  Our  Sunday- 
school  literature  is  so  extremely  poor  that  we  hail  this 
volume  with  particular  delight,  and  we  predict  that  it  will 
soon  be  one  of  the  most  popular  gift  books  for  Jewish 
children."— Jewish  Voice. 

DREAMERS  OF  THE  GHETTO.— By  I.  Zangwill. 

537  pp.     $1.50.     Sold  to  Members  only. 

"  With  marvelous  industry,  and  with  no  small  amount  of 
erudition,  he  has  packed  together  into  the  scenes  dealing 
with  Uriel  Acosta,  Sabbatai  Zevi,  Spinoza,  the  Baal  Shem, 
Maimon,  Heine,  Lassalle  and  Beaconsfleld,  just  those  inci- 
dents and  sayings  of  their  careers  which  bring  out  most 
clearly  their  Jewish  aspects."— Joseph  Jacobs,  Bookman. 

IN  THE  PALE.    Stories  and  Legends  of  the  Russian 
Jews.— By  Henry  Iliowizi.     367  pp.     $1.25. 
•'  Henry  Iliowizi    ...    is  a  master  of  both  humor  and 
pathos,  as  is  shown  in  his  book  of  stories  and  legends  en- 
titled '  In  the  Pale.'  "Sunday-School  Times. 

CHILDREN   OF   THE  GHETTO.— By  I.  Zangwill. 

2  vols.     451  pp.,  325  pp.     $2.50. 

"  Nowhere  else  have  been  given  us  more  realistic  pictures 
of  the  shabbiness,  the  unwholesomeness,  the  close-packed 
human  misery,  the  squalor,  the  vulgarity,  the  sharp  strug- 
gle in  the  mean  competition  of  life,  in  the  East  End  of  Lon- 
don.   .  .  .    [But]  there  is  a  world  of  poetry,  of  dreams,  of 


imagination,  of  high  calling,  of  iutellectual  subtlety  even, 
in  which  sordid  London,  not  Jewish,  has  no  part  nor  lot."— 
Charles  Dudley  Warner,  Harper'*  Mzaazine. 

RABBI  AND  PRIEST.- By  Milton  Goldsmith.  314 
pp.  $1.00. 
"The  author  has  attempted  to  depict  faithfully  the  customs 
and  practices  of  the  Russian  people  and  government  in  con- 
nection with  the  Jewish  population  of  that  country.  The 
book  is  a  strong  and  well-written  story."— Public  Opinion, 

THINK   AND   THANK— By  S.  W.  Cooper.    Illus- 
trated.    120  pp.    60  cents. 

"  Sir  Moses  Montefiore  is  the  hero  of  this  story.  . .  . '  Think 
and  Thank  '  will  please  boys,  and  it  will  be  found  popular  in 
Sunday-school  libraries."— New  York  Herald. 

VOEGELE'S  MARRIAGE  AND  OTHER  TALES.— 

By   Louis   Schnabel.      83  pp.     Paper.      25   cents. 

(Special  Series  No.  2.) 

" '  The  False  Turn '  is  a  charming   little  sketch,  and  the 

humor  of  it  very  delicate  and,  amusing.  ■  Voegele's  Marriage ' 

I  find  also  very  artistic  and  interesting."— Emma  Lazarus. 

AMERICAN  JEWISH  YEAR  BOOK  for  56G0  (1899- 
1900). — Edited  by  Cyrus  Adler.  290  pp.  75  cents. 
"This  is  the  first  general  yrar  book  of  the  Jewish  insti- 
tutions of  America.  It  contains  a  directory  of  national 
organizations,  a  directory  of  local  organizations  arranged 
alphabetically  by  States  and  towns,  a  list  of  Jewish  period- 
icals published  in  this  country,  and  statistics  of  Jewish 
population."— Review  of  Reviews  (American). 


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